On October 26, 2020 a
Plaintiff's Original Petition - Petition Index # 1
was filed
involving a dispute between
Aa Sharp Investments, Ltd,
Brey, Michael Thomas,
Carney, Susan,
Cory, Dennis C.,
Cory, Diane M.,
Cory, Kevin P.,
Cory, Linda K.,
Enright, Richard,
Field, Karen S.,
Gene De Santis Living Trust,
Hazelton, Stephanie Sue,
Hccm, Llc,
Hoy Gass, Kathleen,
Hoy, Joseph C.,
Hoy, Mary Ellen,
Hoy, Paul J.,
Hoy, Thomas J.,
Hoy, William E.,
Hurley Corrigan, Michele Marie,
Hurley, Dennis,
Hurley, Diane E.,
Hurley Dotson, Linda,
Hurley, James,
Hurley, John C., Jr,
Hurley Sechser, Sheila A.,
Hurley, Steven P.,
Jones, Deborah,
Laube, Richard J.,
Leonhart, Jalyne,
Leonhart, Paul,
Logue, Robert,
Logue, Terrence,
Logue, William,
Mahler, Mary Kay,
Martinov, Jeffrey,
Oglesby, Gene T.,
Phelan, Michelle,
Schrock, Denice A.,
Stokes, Jeanne,
Terra Alma Investments, Ltd.,
Texica Holdings, Llc,
The Bruce Willford Family Trust,
Thompson, John H.,
Willford, Loren H.,
Williams, James,
Williams, Kim,
Woods, Jade Megan,
Woods, Robert Lee, Iii,
and
Walck, Eugene W.,
for Real Property - Other Real Property
in the District Court of Fort Bend County.
Preview
CAUSE NO.
AA SHARP INVESTMENTS, LTD, ET AL IN THE DISTRICT COURT
Plaintiffs
FORT BEND COUNTY, TEXAS
EUGENE W. WALCK
Defendant JUDICIAL DISTRICT
PLAINTIFFS ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Plaintiffs, AA Sharp Investments, LTD Sheila A. Hurley Sechser, Linda
Hurley Dotson, John H. Thompson Trust, Terrence Logue, William Logue, Robert Logue,
Loren H. Willford Revocable Trust, Bruce Willford Family Trust, Jeffrey Martinov, Gene T.
Oglesby, Paul Leonhart, Jalyne Leonhart, Kim Williams, James Williams, Susan Carney,
Joseph C. Hoy, Kathleen Hoy Gass, Mary Ellen Hoy, Paul J. Hoy, Thomas J. Hoy, William
E. Hoy, Richard J. Laube, Thomas Patrick Brey, Michael Thomas Brey, the Gene De Santis
Living Trust Michelle Phelan, Deborah Jones, Jeanne Stokes, Richard Enright, James
Hurley, Mary Kay Mahler, Dennis Hurley, HCCM, LLC, Terra Alma Investments, Ltd., Texica
Holdings, LLC., Dennis C. Cory, Michele Marie Hurley Corrigan, Stephanie Sue Hazelton,
Robert Lee Woods, IIl., Jade Megan Woods, Linda K. Cory, Diane M. Cory, Kevin P. Cory,
Karen S. Field, Denice A. Schrock, John C. Hurley, Jr., Steven P. Hurley, and Diane E.
Hurley complaining of Defendant Eugene W. Walck, Sr. would respectfully show the
Court the following:
|. DISCOVERY CONTROL PLAN
This case should proceed as a Level 2 case pursuant to the Texas Rules of
\Jacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
Civil Procedure.
Il. PARTIES
2 PlaintiffAA Sharp Investments, LTD is the owner of a collective undivided 50%
interest in the real property that is the subject of this lawsuit which is located in Fort Bend
County, Texas.
3 Plaintiff Sheila A. Hurley Sechser is the owner of a collective undivided 1.66%
interest in the real property that is the subject of this lawsuit which is located in Fort Bend
County, Texas.
4 Plaintiff Linda Hurley Dotson is the owner of a collective undivided 1.66%
interest in the real property that is the subject of this lawsuit which is located in Fort Bend
County, Texas.
5 Plaintiff John H. Thompson Trust is the owner of a collective undivided 1.66%
interest in the real property that is the subject of this lawsuit which is located in Fort Bend
County, Texas.
6 Plaintiff Terrence Logue is the owner of a collective undivided .50% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
7 Plaintiff William Logue is the owner of a collective undivided .50% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
8 Plaintiff Robert Logue is the owner of a collective undivided .50% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
2
X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
Texas.
9 Plaintiff the Loren H. Willford Revocable Trust is the owner of a collective
undivided .75% interest in the real property that is the subject of this lawsuit which is located
in Fort Bend County, Texas.
10. Plaintiff the Bruce Willford Family Trust is the owner of a collective undivided
.75% interest in the real property that is the subject of this lawsuit which is located in Fort
Bend County, Texas.
11. Plaintiff Jeffrey Martinov is the owner of a collective undivided .75% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
12. Plaintiff Gene T. Oglesby is the owner of a collective undivided .75% interest
in the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
13. Plaintiff Paul Leonhart is the owner of a collective undivided .39% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
14. Plaintiff Jalyne Leonhart is the owner of a collective undivided .39% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
15. Plaintiff Kim Williams is the owner of a collective undivided .39% interest in the
real property that is the subject of this lawsuit which is located in Fort Bend County, Texas.
16. Plaintiff James Williams is the owner of a collective undivided .39% interest in
3
X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
17. Plaintiff Susan Carney is the owner of a collective undivided .27% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
18. Plaintiff Joseph C. Hoy is the owner of a collective undivided .27% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
19. Plaintiff Kathleen Hoy Gass is the owner of a collective undivided .27% interest
in the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
20. Plaintiff Mary Ellen Hoy is the owner of a collective undivided .27% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
21. Plaintiff Paul J. Hoy is the owner of a collective undivided .27% interest in the
real property that is the subject of this lawsuit which is located in Fort Bend County, Texas.
22. Plaintiff Thomas J. Hoy is the owner of a collective undivided .27% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
23. Plaintiff William E. Hoy is the owner of a collective undivided .27% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
4
X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
24. Plaintiff Richard J. Laube is the owner of a collective undivided .27% interest
in the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
25. Plaintiff Thomas Patrick Brey is the owner of a collective undivided .30%
interest in the real property that is the subject of this lawsuit which is located in Fort Bend
County, Texas.
26. Plaintiff Michael Thomas Brey is the owner of a collective undivided .30%
interest in the real property that is the subject of this lawsuit which is located in Fort Bend
County, Texas.
27. Plaintiff the Gene De Santis Living Trust is the owner of a collective undivided
.60% interest in the real property that is the subject of this lawsuit which is located in Fort
Bend County, Texas.
28. Plaintiff Michelle Phelan is the owner of a collective undivided .30% interest
in the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
29. Plaintiff Deborah Jones is the owner of a collective undivided .30% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
30. Plaintiff Jeanne Stokes is the owner of a collective undivided .30% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
31. Plaintiff Richard Enright is the owner of a collective undivided .30% interest in
5
X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
32. Plaintiff James Hurley is the owner of a collective undivided .50% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
33. Plaintiff Mary Kay Mahler is the owner of a collective undivided .33% interest
in the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
34. Plaintiff Dennis Hurley is the owner of a collective undivided .50% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
35. Plaintiff HCCM, LLC is the owner of a collective undivided 14.97% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
36. Plaintiff Terra Alma Investments, Ltd. is the owner of a collective undivided
14.72% interest in the real property that is the subject of this lawsuit which is located in Fort
Bend County, Texas.
37. Plaintiff Texica Holdings, LLC. is the owner of a collective undivided .25%
interest in the real property that is the subject of this lawsuit which is located in Fort Bend
County, Texas.
38. Plaintiff Dennis C. Cory is the owner of a collective undivided .40% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
6
X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
Texas.
39. Plaintiff Michele Marie Hurley Corrigan is the owner of a collective undivided
.02% interest in the real property that is the subject of this lawsuit which is located in Fort
Bend County, Texas.
40. Plaintiff Stephanie Sue Hazelton is the owner of a collective undivided .02%
interest in the real property that is the subject of this lawsuit which is located in Fort Bend
County, Texas.
41. Plaintiff Robert Lee Woods, Ill. is the owner of a collective undivided .02%
interest in the real property that is the subject of this lawsuit which is located in Fort Bend
County, Texas.
42. Plaintiff Jade Megan Woods is the owner of a collective undivided .02%
interest in the real property that is the subject of this lawsuit which is located in Fort Bend
County, Texas.
43. Plaintiff Linda K. Cory is the owner of a collective undivided .40% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
44. Plaintiff Diane M. Cory is the owner of a collective undivided .40% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
45. Plaintiff Kevin P. Cory is the owner of a collective undivided .10% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
7
X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
46. Plaintiff Karen S. Field is the owner of a collective undivided .40% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
47. Plaintiff Denice A. Schrock is the owner of a collective undivided .33% interest
in the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
48. Plaintiff John C. Hurley, Jr. is the owner of a collective undivided .33% interest
in the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
49. Plaintiff Steven P. Hurley is the owner of a collective undivided .33% interest
in the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
50. Plaintiff Diane E. Hurley is the owner of a collective undivided .33% interest in
the real property that is the subject of this lawsuit which is located in Fort Bend County,
Texas.
51. Defendant Eugene W. Walck, Sr. is the owner of a collective undivided
1.3889000% interest in the real property that is the subject to this lawsuit which is located
in Fort Bend County, Texas. Defendant Walck can be served at his home at Saratoga, WY
82331 or wherever he may be found. Plaintiffs request that service of process by issued.
Ill. JURISDICTION AND VENUE
52. Venue is proper in Fort Bend County, Texas pursuant to §15.011 of the Texas
Civil Practice & Remedies Code as that is the county in which the property is located.
8
X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
53. This court has jurisdiction pursuant to Section 23.002 of the Texas Property
Code as this is a suit to partition the subject real property. In addition, the value of the real
property as a whole is in excess of $100,000.00 and the non-monetary relief sought is the
partitioned property, and thus, within the jurisdictional limits of the court.
IV. FACTS
54. Plaintiffs and Defendant are co-owners of the real property in a certain parcel
of real property situated in Fort Bend County, Texas described as 0082 C D SAYRE TRACT
4, Reference No. R38822 (hereinafter the “Property”). The Property consists of
approximately 980 acres that is specifically identified on the Sayre Survey attached hereto
as Exhibit 1. The Property is further described more specifically in the attached Special
Warranty Deed, previously recorded in Fort Bend County, Texas in 1968. Exhibit 2.
Plaintiffs’ and Defendant’s co-ownership of the Property results from inheritance and
succession from those owners identified in the Special Warranty Deed date 1968.
V. DECLARATORY JUDGMENT ACTION
55. Based upon the facts set forth herein, Plaintiffs sue Defendant for Declaratory
Judgment to declare legal title of the of the subject property. Jointly, Plaintiffs maintain
98.6111% interest in the Property. Defendant’s portion of the approximate 980 acres is
1.3889000%. Each Plaintiff should be judicially declared to be an individual who is the
owner of their respective collective undivided interest in the real property the subject of this
lawsuit which is located in Fort Bend County, Texas.
56. By reason of the foregoing, Plaintiffs are entitled to bring this suit to determine
the relative ownership and rights of the parties in and to the property. Plaintiffs seek
9
X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
Declaratory Judgment to determine such interest and rights.
VI. PARTITION
57. Plaintiffs seek partition of the Property as between all Plaintiffs and Defendant.
Jointly, Plaintiffs maintain 98.6111% interest in the Property. Defendant's portion of the
approximate 980 acres is 1.3889000%. Plaintiffs estimate the value of the undivided tract
to be approximately $2,000,000.00. The property can easily be partitioned and provide
Defendant a fair and equitable division.
A. Appointment of Commissioners
58. Plaintiffs request that pursuant to Texas Rules of Civil Procedure Rule 761,
the Court appoint three (3) commissioners, that are competent and disinterested, to prepare
a report as to how the Property should be divided.
B. Appointment of Surveyor
59. No appointment of a surveyor is requested at this time. Plaintiffs are engaging
the services of a surveyor and will provide same to the Commissioners once appointed.
c. Appointment of Appraiser
60. Currently, the appointment of an appraiser is not necessary. Plaintiffs
engaging the services of an appraiser. Plaintiffs will have paid for that appraisal and will
provide same to the Commissioners once appointed.
D. Proposed Partition
61. Plaintiffs request that defendant Eugene W. Walck, Sr.’s interest of
1.388900% be partitioned as follows: approximate 10.00 acres as depicted on the attached
survey, Ex. 1.
10
X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
VIL RULE 193.7 NOTICE
62. Plaintiffs hereby give notice that all documents produced in this lawsuit are
intended to be used against Defendant in the lawsuit including through the trial of the matter.
Vill, ATTORNEY’S FEES AND COSTS OF COURT
63. It was necessary for the Plaintiffs to hire legal counsel to seek partition of the
Property. Plaintiffs hired Charles J. Jacobus and K. Annette Disch and have incurred
reasonable and necessary attorneys’ fees and expenses in conjunction with the Partition.
Pursuant to Section 37.009 and 42.001 of the Tex. Civ. Prac. & Rem. Code, and Section
23.001 of the Texas Property Code Plaintiffs are entitled to recover their reasonable and
necessary attorney’s fees and costs associated with this partition action. Plaintiff request
attorney's fees and cost of Court be assessed against Defendant as allowed by law through
trial and appeal,
IX. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs prays that Defendant, be cited
to appear and answer herein, and, that the Property be partitioned; that Defendant's
1.3889000% interest in the Property be partitioned; that Plaintiffs recover their expenses,
attorney’s fees, costs, as well as pre-judgment interest, post-judgment interest; and, any
and all other such and further relief to which Plaintiff may be entitled.
11
X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
Respectfully submitted,
GAUNTT, KOEN, BINNEY& KIDD, LLP.
K. Annette Disch
State Bar No. 00785822
25700 I-45 North, Ste 130
Spring, TX 773880
281.367.6555
281.367.3705 Facsimile
Annette.disch@gkbklaw.com
ATTORNEY FOR PLAINTIFF
By: /s/ Charles J. Jacobus
Charles J. Jacobus
State Bar No. 10528700
6750 West Loop South, Suite 615
Bellaire, Texas 77401
713.839-8800 ext.1
Jacobusbellaire@aol.com
ATTORNEY FOR PLAINTIFF
12
X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx
0, «oe a2D D> XH T1 “ee
> tn
s ei“us
ists an oy
SAO
xe
% ye 2
e
ro Nat
ve A
ty So
eta Ar
he “8 & o oN.
YS,Shs oS
S een gf
Sy Xa
sah ARE
"A & Sos
Se
\ Ziss.
its
". eece
e reee
&as s anhe, "5,
\, OT as Ve 4
a
7 Be %
0
”
o> ”y Pe
Koes
x %, 3) DS
Yc wf QP 22 aa3 en ~\~
” 2 in 2,0 $8@
° ° X ” Few
%% ae YE we ” S8NSa eeas one
‘tyHe ays Len wy
aS
“= Roofs Bosas
y3 %
xX ”” os
S y
OX
a9
SS
Qa5
a's
» Mi,
Ny
Yy
ag
SoD
LSS<8)
gl v
a
Ky oe We 710 Se
2 Pe,
Rp
#5 Kife 7X ‘NY
\s
“ OMe y aA 0%,
“, 8,
a ie
,
——_—~F oe
4s \
3 eA
2 *S
3P
BM oe %
ay ° woe
Ais is eto os
se ° = =f,
es oe ,sae
Ke esMop, oe,ne, ny“aS NN ot
3 ORSen
~ 7 of phyi
%
se
Se Ki KX A 3) SetKs if ae,as,a @
oy 2met =
ye ” oes
oo
aa
Aats & SD)
fs,
&At 2s,
‘
sate Ss
“ae zs, a Be ien>
sods, (a
as
Oe fe, ee S< ey? ~ POS
ses 32
frank bert \ et NGSee #Ss 23gs
RGge Sigh al = i\2 $33 $32
- 7040 Pe <, ef
i
Bly Ps3s 83? ae SE 3), ook Ke
AP borg
3 gt 32 gf dea s
2a
Bele
Bae [sh Sot Sn ast
ot “s 8 508?
085 8 ofus ~
Ag 2 isl ese stsire Se=S ae ese, 1g!
\ Be ” 09
S$ er e ef Pa i! if ne bn ne
e Rcherenite, ge pe
Al“al [ — —~ a soso o m2 7
ptet
weit A Te ‘ul W635] SlEx
3r
A
Ns
gN ik ¥a Bee ao ot wy Ss io WINSS
af,ue a 3 04) QaG Sah 8 <5
iSgar | Poi eo Sng sos ae
ipsa
218 ORs oo
Qe
#§32 ofl ‘al | fis, 33 Pe
3o
= Sp
S05
oe] S| WEym Ze/SaeT one A
apy Bris 26
PEN 3 ay Nai
i
fi f&
8\
oy 8 is
ee ay
33isles
338 esihe 3
Sy
a2
<9
Go
=p &
ee zl
53 we %
wD
32a
Bob
Preview
CAUSE NO. AA SHARP INVESTMENTS, LTD, ET AL IN THE DISTRICT COURT Plaintiffs FORT BEND COUNTY, TEXAS EUGENE W. WALCK Defendant JUDICIAL DISTRICT PLAINTIFFS ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Plaintiffs, AA Sharp Investments, LTD Sheila A. Hurley Sechser, Linda Hurley Dotson, John H. Thompson Trust, Terrence Logue, William Logue, Robert Logue, Loren H. Willford Revocable Trust, Bruce Willford Family Trust, Jeffrey Martinov, Gene T. Oglesby, Paul Leonhart, Jalyne Leonhart, Kim Williams, James Williams, Susan Carney, Joseph C. Hoy, Kathleen Hoy Gass, Mary Ellen Hoy, Paul J. Hoy, Thomas J. Hoy, William E. Hoy, Richard J. Laube, Thomas Patrick Brey, Michael Thomas Brey, the Gene De Santis Living Trust Michelle Phelan, Deborah Jones, Jeanne Stokes, Richard Enright, James Hurley, Mary Kay Mahler, Dennis Hurley, HCCM, LLC, Terra Alma Investments, Ltd., Texica Holdings, LLC., Dennis C. Cory, Michele Marie Hurley Corrigan, Stephanie Sue Hazelton, Robert Lee Woods, IIl., Jade Megan Woods, Linda K. Cory, Diane M. Cory, Kevin P. Cory, Karen S. Field, Denice A. Schrock, John C. Hurley, Jr., Steven P. Hurley, and Diane E. Hurley complaining of Defendant Eugene W. Walck, Sr. would respectfully show the Court the following: |. DISCOVERY CONTROL PLAN This case should proceed as a Level 2 case pursuant to the Texas Rules of \Jacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx Civil Procedure. Il. PARTIES 2 PlaintiffAA Sharp Investments, LTD is the owner of a collective undivided 50% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 3 Plaintiff Sheila A. Hurley Sechser is the owner of a collective undivided 1.66% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 4 Plaintiff Linda Hurley Dotson is the owner of a collective undivided 1.66% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 5 Plaintiff John H. Thompson Trust is the owner of a collective undivided 1.66% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 6 Plaintiff Terrence Logue is the owner of a collective undivided .50% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 7 Plaintiff William Logue is the owner of a collective undivided .50% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 8 Plaintiff Robert Logue is the owner of a collective undivided .50% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, 2 X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx Texas. 9 Plaintiff the Loren H. Willford Revocable Trust is the owner of a collective undivided .75% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 10. Plaintiff the Bruce Willford Family Trust is the owner of a collective undivided .75% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 11. Plaintiff Jeffrey Martinov is the owner of a collective undivided .75% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 12. Plaintiff Gene T. Oglesby is the owner of a collective undivided .75% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 13. Plaintiff Paul Leonhart is the owner of a collective undivided .39% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 14. Plaintiff Jalyne Leonhart is the owner of a collective undivided .39% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 15. Plaintiff Kim Williams is the owner of a collective undivided .39% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 16. Plaintiff James Williams is the owner of a collective undivided .39% interest in 3 X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 17. Plaintiff Susan Carney is the owner of a collective undivided .27% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 18. Plaintiff Joseph C. Hoy is the owner of a collective undivided .27% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 19. Plaintiff Kathleen Hoy Gass is the owner of a collective undivided .27% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 20. Plaintiff Mary Ellen Hoy is the owner of a collective undivided .27% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 21. Plaintiff Paul J. Hoy is the owner of a collective undivided .27% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 22. Plaintiff Thomas J. Hoy is the owner of a collective undivided .27% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 23. Plaintiff William E. Hoy is the owner of a collective undivided .27% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 4 X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx 24. Plaintiff Richard J. Laube is the owner of a collective undivided .27% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 25. Plaintiff Thomas Patrick Brey is the owner of a collective undivided .30% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 26. Plaintiff Michael Thomas Brey is the owner of a collective undivided .30% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 27. Plaintiff the Gene De Santis Living Trust is the owner of a collective undivided .60% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 28. Plaintiff Michelle Phelan is the owner of a collective undivided .30% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 29. Plaintiff Deborah Jones is the owner of a collective undivided .30% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 30. Plaintiff Jeanne Stokes is the owner of a collective undivided .30% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 31. Plaintiff Richard Enright is the owner of a collective undivided .30% interest in 5 X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 32. Plaintiff James Hurley is the owner of a collective undivided .50% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 33. Plaintiff Mary Kay Mahler is the owner of a collective undivided .33% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 34. Plaintiff Dennis Hurley is the owner of a collective undivided .50% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 35. Plaintiff HCCM, LLC is the owner of a collective undivided 14.97% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 36. Plaintiff Terra Alma Investments, Ltd. is the owner of a collective undivided 14.72% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 37. Plaintiff Texica Holdings, LLC. is the owner of a collective undivided .25% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 38. Plaintiff Dennis C. Cory is the owner of a collective undivided .40% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, 6 X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx Texas. 39. Plaintiff Michele Marie Hurley Corrigan is the owner of a collective undivided .02% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 40. Plaintiff Stephanie Sue Hazelton is the owner of a collective undivided .02% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 41. Plaintiff Robert Lee Woods, Ill. is the owner of a collective undivided .02% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 42. Plaintiff Jade Megan Woods is the owner of a collective undivided .02% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 43. Plaintiff Linda K. Cory is the owner of a collective undivided .40% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 44. Plaintiff Diane M. Cory is the owner of a collective undivided .40% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 45. Plaintiff Kevin P. Cory is the owner of a collective undivided .10% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 7 X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx 46. Plaintiff Karen S. Field is the owner of a collective undivided .40% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 47. Plaintiff Denice A. Schrock is the owner of a collective undivided .33% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 48. Plaintiff John C. Hurley, Jr. is the owner of a collective undivided .33% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 49. Plaintiff Steven P. Hurley is the owner of a collective undivided .33% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 50. Plaintiff Diane E. Hurley is the owner of a collective undivided .33% interest in the real property that is the subject of this lawsuit which is located in Fort Bend County, Texas. 51. Defendant Eugene W. Walck, Sr. is the owner of a collective undivided 1.3889000% interest in the real property that is the subject to this lawsuit which is located in Fort Bend County, Texas. Defendant Walck can be served at his home at Saratoga, WY 82331 or wherever he may be found. Plaintiffs request that service of process by issued. Ill. JURISDICTION AND VENUE 52. Venue is proper in Fort Bend County, Texas pursuant to §15.011 of the Texas Civil Practice & Remedies Code as that is the county in which the property is located. 8 X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx 53. This court has jurisdiction pursuant to Section 23.002 of the Texas Property Code as this is a suit to partition the subject real property. In addition, the value of the real property as a whole is in excess of $100,000.00 and the non-monetary relief sought is the partitioned property, and thus, within the jurisdictional limits of the court. IV. FACTS 54. Plaintiffs and Defendant are co-owners of the real property in a certain parcel of real property situated in Fort Bend County, Texas described as 0082 C D SAYRE TRACT 4, Reference No. R38822 (hereinafter the “Property”). The Property consists of approximately 980 acres that is specifically identified on the Sayre Survey attached hereto as Exhibit 1. The Property is further described more specifically in the attached Special Warranty Deed, previously recorded in Fort Bend County, Texas in 1968. Exhibit 2. Plaintiffs’ and Defendant’s co-ownership of the Property results from inheritance and succession from those owners identified in the Special Warranty Deed date 1968. V. DECLARATORY JUDGMENT ACTION 55. Based upon the facts set forth herein, Plaintiffs sue Defendant for Declaratory Judgment to declare legal title of the of the subject property. Jointly, Plaintiffs maintain 98.6111% interest in the Property. Defendant’s portion of the approximate 980 acres is 1.3889000%. Each Plaintiff should be judicially declared to be an individual who is the owner of their respective collective undivided interest in the real property the subject of this lawsuit which is located in Fort Bend County, Texas. 56. By reason of the foregoing, Plaintiffs are entitled to bring this suit to determine the relative ownership and rights of the parties in and to the property. Plaintiffs seek 9 X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx Declaratory Judgment to determine such interest and rights. VI. PARTITION 57. Plaintiffs seek partition of the Property as between all Plaintiffs and Defendant. Jointly, Plaintiffs maintain 98.6111% interest in the Property. Defendant's portion of the approximate 980 acres is 1.3889000%. Plaintiffs estimate the value of the undivided tract to be approximately $2,000,000.00. The property can easily be partitioned and provide Defendant a fair and equitable division. A. Appointment of Commissioners 58. Plaintiffs request that pursuant to Texas Rules of Civil Procedure Rule 761, the Court appoint three (3) commissioners, that are competent and disinterested, to prepare a report as to how the Property should be divided. B. Appointment of Surveyor 59. No appointment of a surveyor is requested at this time. Plaintiffs are engaging the services of a surveyor and will provide same to the Commissioners once appointed. c. Appointment of Appraiser 60. Currently, the appointment of an appraiser is not necessary. Plaintiffs engaging the services of an appraiser. Plaintiffs will have paid for that appraisal and will provide same to the Commissioners once appointed. D. Proposed Partition 61. Plaintiffs request that defendant Eugene W. Walck, Sr.’s interest of 1.388900% be partitioned as follows: approximate 10.00 acres as depicted on the attached survey, Ex. 1. 10 X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx VIL RULE 193.7 NOTICE 62. Plaintiffs hereby give notice that all documents produced in this lawsuit are intended to be used against Defendant in the lawsuit including through the trial of the matter. Vill, ATTORNEY’S FEES AND COSTS OF COURT 63. It was necessary for the Plaintiffs to hire legal counsel to seek partition of the Property. Plaintiffs hired Charles J. Jacobus and K. Annette Disch and have incurred reasonable and necessary attorneys’ fees and expenses in conjunction with the Partition. Pursuant to Section 37.009 and 42.001 of the Tex. Civ. Prac. & Rem. Code, and Section 23.001 of the Texas Property Code Plaintiffs are entitled to recover their reasonable and necessary attorney’s fees and costs associated with this partition action. Plaintiff request attorney's fees and cost of Court be assessed against Defendant as allowed by law through trial and appeal, IX. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs prays that Defendant, be cited to appear and answer herein, and, that the Property be partitioned; that Defendant's 1.3889000% interest in the Property be partitioned; that Plaintiffs recover their expenses, attorney’s fees, costs, as well as pre-judgment interest, post-judgment interest; and, any and all other such and further relief to which Plaintiff may be entitled. 11 X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx Respectfully submitted, GAUNTT, KOEN, BINNEY& KIDD, LLP. K. Annette Disch State Bar No. 00785822 25700 I-45 North, Ste 130 Spring, TX 773880 281.367.6555 281.367.3705 Facsimile Annette.disch@gkbklaw.com ATTORNEY FOR PLAINTIFF By: /s/ Charles J. Jacobus Charles J. Jacobus State Bar No. 10528700 6750 West Loop South, Suite 615 Bellaire, Texas 77401 713.839-8800 ext.1 Jacobusbellaire@aol.com ATTORNEY FOR PLAINTIFF 12 X:\KADWacobus Work\Partition - Snell\Plaintiffs' Original Petition.docx 0, «oe a2D D> XH T1 “ee > tn s ei“us ists an oy SAO xe % ye 2 e ro Nat ve A ty So eta Ar he “8 & o oN. YS,Shs oS S een gf Sy Xa sah ARE "A & Sos Se \ Ziss. its ". eece e reee &as s anhe, "5, \, OT as Ve 4 a 7 Be % 0 ” o> ”y Pe Koes x %, 3) DS Yc wf QP 22 aa3 en ~\~ ” 2 in 2,0 $8@ ° ° X ” Few %% ae YE we ” S8NSa eeas one ‘tyHe ays Len wy aS “= Roofs Bosas y3 % xX ”” os S y OX a9 SS Qa5 a's » Mi, Ny Yy ag SoD LSS<8) gl v a Ky oe We 710 Se 2 Pe, Rp #5 Kife 7X ‘NY \s “ OMe y aA 0%, “, 8, a ie , ——_—~F oe 4s \ 3 eA 2 *S 3P BM oe % ay ° woe Ais is eto os se ° = =f, es oe ,sae Ke esMop, oe,ne, ny“aS NN ot 3 ORSen ~ 7 of phyi % se Se Ki KX A 3) SetKs if ae,as,a @ oy 2met = ye ” oes oo aa Aats & SD) fs, &At 2s, ‘ sate Ss “ae zs, a Be ien> sods, (a as Oe fe, ee S< ey? ~ POS ses 32 frank bert \ et NGSee #Ss 23gs RGge Sigh al = i\2 $33 $32 - 7040 Pe <, ef i Bly Ps3s 83? ae SE 3), ook Ke AP borg 3 gt 32 gf dea s 2a Bele Bae [sh Sot Sn ast ot “s 8 508? 085 8 ofus ~ Ag 2 isl ese stsire Se=S ae ese, 1g! \ Be ” 09 S$ er e ef Pa i! if ne bn ne e Rcherenite, ge pe Al“al [ — —~ a soso o m2 7 ptet weit A Te ‘ul W635] SlEx 3r A Ns gN ik ¥a Bee ao ot wy Ss io WINSS af,ue a 3 04) QaG Sah 8 <5 iSgar | Poi eo Sng sos ae ipsa 218 ORs oo Qe #§32 ofl ‘al | fis, 33 Pe 3o = Sp S05 oe] S| WEym Ze/SaeT one A apy Bris 26 PEN 3 ay Nai i fi f& 8\ oy 8 is ee ay 33isles 338 esihe 3 Sy a2 <9 Go =p & ee zl 53 we % wD 32a Bob