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LINEBARGER GOGGAN BLAIR & SAMPSON, LLP Pale
ATTORNEYS AT LAW
o33 @
1301 TRAVIS, SUITE 300 (77002)
YX2, $002
HOUSTON, TX 77253-3064 HYP HID Cary
Fay
(713) 844-3580 Suyyy dose Sid Va
(713) 844-3502 - Fax Oy SHy
February 13, 2008
Theresa Chang
District Clerk, Harris County
201 Caroline
Houston, TX 77002
RE: SUIT NO. 2005-01965, HARRIS COUNTY, ET AL VS. GENARO C GARCIA, ET
AL; IN THE 151ST JUDICIAL DISTRICT COURT OF HARRIS COUNTY,
TEXAS.
Dear Theresa Chang:
This letter concerns the issuance and service of the Citation by Posting in the above
captioned suit.
DISTRICT CLERK: Please file the Affidavit for Citation by Posting with the papers of
the case. Please issue the Citation by Posting at your earliest convenience, and deliver it and an
executed copy to the Constable.
CONSTABLE: Please serve the citation by posting a copy on the door of the Harris
County courthouse. Once the citation has been posted please execute the Officer's return and
return the original to the District Clerk.
Thank you for your help and if anyone concerned has any questions on the above, please
feel free to give mea call.
Sincerely,
An N. Reed
Legal Assistant
Enclosures
RECORDER'S MEMORANDUM
This instrument is of poor quality
at the time of imaging
_
SUIT NO. 2005-01965
HARRIS COUNTY, ET AL IN THE DISTRICT COURT
VS. 151ST JUDICIAL DISTRICT
GENARO C GARCIA, ET AL HARRIS COUNTY, TEXAS
AFFIDAVIT IN SUPPORT OF CITATION BY POSTING
STATE OF TEXAS §
COUNTY OF HARRIS 8
BEFORE ME the undersigned authority, on this day, personally appeared the affiant and on oath
deposed as follows:
"I am an attomey licensed to practice law in the State of Texas by the Texas Supreme
Court. I am a member in good standing with the State Bar of Texas. I am above the age of 18
years, and I am competent to make this affidavit. I represent the Plaintiff, HARRIS COUNTY,
on behalf of itself and the following county-wide taxing authorities, the HARRIS
COUNTY DEPARTMENT OF EDUCATION, the PORT OF HOUSTON AUTHORITY OF
HARRIS COUNTY, the HARRIS COUNTY FLOOD CONTROL DISTRICT, the HARRIS
COUNTY HOSPITAL DISTRICT (hereinafter Harris County), CITY OF HOUSTON,
HOUSTON INDEPENDENT SCHOOL DISTRICT and HOUSTON COMMUNITY
COLLEGE SYSTEM in the above numbered and styled lawsuit. I have personal knowledge of
the facts contained herein and my statements contained herein are true and correct.
This affidavit is filed for the purpose of obtaining service by posting upon defendant(s):
Genaro C. Garcia
Genaro Garcia Jr. (In Rem Only)
Whose location(s) is unknown, and such person’s unknown heirs, successors and
assigns, whose identity and location are unknown, unknown owners, such unknown
owner’s heirs, successors and assigns, and any and all other persons, including adverse
claimants, owning or having or claiming any legal or equitable interest in or lien upon the
property which is the subject of the delinquent tax claim in this case; and
The unknown heirs of each or all of the said named persons who may be dead; and
the unknown heirs of the unknown heirs of said above named persons; and the unknown
owner or owners of the described property; and the executors, administrators, guardians,
legal representatives, legatees, devisees of the above named persons, and who own or claim
some interest in the described property.
The names or residences of the owner or owners of the land or lots involved in said suit
and any and all other persons, including adverse claimants, owning or having or claiming any
legal or equitable interest in or lien upon said land, are unknown and cannot be ascertained after
diligent inquiry, except as stated otherwise in this Affidavit. As to the corporations(s), if any,
listed above, which are the record owners of said land, the location of the place of business of
such corporation(s) or the name or place of residence of any officer of such corporation(s) upon
whom personal service may be had, are unknown and cannot be ascertained after diligent
inquiry.
I have made inquiries into several newspapers in Houston and am unable to locate a
newspaper willing to publish this citation for a fee, chargeable as costs and payable upon sale of
the property. All such newspapers require payment in advance of publication.
Plaintiffs have researched the history of the title to the property and have identified all
persons and the nature of their interest who appear to hold legal title or have a legal claim to the
property based on the Harris County Real Property records, Harris County Probate records, and
other available records. See Ex, A., Plaintiffs’ Title Summary Report attached hereto and
incorporated herein for all purposes. Set out in Exhibit A is the identity of each person who holds
legal title or has a legal claim to the property and the identity of the instrument or reason for that
belief.
Plaintiffs have diligently researched the identity of each unknown party including, but not
limited to, researching the party’s last known address and telephone number. Id.; see also Ex. A,
Plaintiffs’ Research Report attached hereto and incorporated herein for all purposes. Specific
internet database searches have been attempted for each unknown defendant. Plaintiffs’ Exhibit
A lists all databases used in the search for each defendant and details the results of the searches
including, the defendants’ last known address and telephone number, if known.
If telephone numbers were available, Plaintiffs attempted to call the numbers and make
contact with each unknown defendant. Ex. A (listing the numbers called, the date of the calls, and
the results of these calls, if any),
Contemporaneously with this affidavit being filed, Plaintiffs mailed a letter by first class
mail, postage prepaid, and addressed to "Current Resident" to the subject property address
informing the occupant of the reason for the investigation and the possible results of the
litigation. The statement, “[a] default judgment may be entered if no response is made” is
inscribed on the outside of the envelope in which the letter was mailed. Ex. A, Plaintiffs’ letter to
current owner or occupant; see also Ex. A (listing Plaintiffs’ attempts to correspond with other
possible addresses for the unknown defendants and the results of these mailings).
Plaintiffs have inspected and photographed the property. Having made all reasonable
inquires at the time of the visit and interviewing available residents, owners, occupants, and
neighbors, Plaintiffs were unable to locate the unknown defendants. Notice was posted at the
property detailing the nature of the case and how to contact the attorney for the taxing
authorities. This notice was posted in accordance with the Protocol For Trial of Tax Cases:
securely in an open and obvious location on the property; in 12-point bold type written font on at
HOU Citation by Posting Package Page? Suit No. 2005-01965
least 8&1/2 inch X 11 inch paper; and protected from the weather in a transparent plastic cover.
See Ex. A, Property Inspector’s Sworn Statement and attached Delinquent Property Notice and
photograph.
As the above efforts have failed in locating the defendant(s):
Genaro C. Garcia
Genaro Garcia Jr. (In Rem Only)
Whose location(s) is unknown, and such person’s unknown heirs, successors and
ssigns, whose identity and location are unknown, unknown owners, such unknown
owner’s heirs, successors and assigns, and any and all other persons, including adverse
claimants, owning or having or claiming any legal or equitable interest in or lien upon the
property which is the subject of the delinquent tax claim in this case; and
The unknown heirs of each or all of the said named persons who may be dead; and
the unknown heirs of the unknown heirs of said above named persons; and the unknown
owner or owners of the described property; and the executors, administrators, guardians,
legal representatives, legatees, devisees of the above named persons, and who own or claim
some interest in the described property;
I, hereby request the Clerk of the District Court of Harris County, Texas to issue citation
by posting a copy of the citation at the Courthouse door of Harris County, Texas, the county in
which this suit is pending.
Further, affiant sayeth not."
< Oo
.
COSen ac
Pankaj R. Parmar
State Bar No. 00792098
“a
SWORN TO and SUBSCRIBED before me on this [q day of
20 69>, to certify which witness my hand and official seal of office.
IS ANDREA REED
COMMISSION EXPIRES
OCTOBER2, 2011
Notary Public in and for the State of Texas
Printed nane Aspe 4 (aes
Commission Expires: fofaf 2oi/
HOU Citation by Posting Package Page3 Suit No. 2005-01965
--
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a
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP & 2 Wy
ATTORNEYS AT LAW
Styy 1849
130] TRAVIS, SUITE 300 (77002)
HOUSTON, TX 77253-3064 ifs Ad
8 A.
2H By
‘9 8 fi
v4
(713) 844-3580 ne
(713) 844-3502 - Fax O3
February 13, 2008
Theresa Chang
District Clerk, Harris County
201 Caroline
Houston, TX 77002
RE SUIT NO. 2005-01965, HARRIS COUNTY, ET AL VS. GENARO C GARCIA, ET
AL; IN THE 151ST JUDICIAL DISTRICT COURT OF HARRIS C OUNTY,
TEXAS.
Dear Theresa Chang:
This letter concerns the issuance and service of the Citation by Posting in the above
captioned suit.
DISTRICT CLERK: Please file the Affidavit for Citation by Posting with the papers of
the case. Please issue the Citation by Posting at your earliest convenience, and deliver it and an
executed copy to the Constable.
CONSTABLE: Please serve the citation by posting-a copy on the door of the Harris
County courthouse. Once the citation has been posted please execute the Officer's return and
return the original to the District Clerk.
Thank you for your help and if anyone concerned has any questions on the above, please
féel free to give me a call.
Sincerely,
Andfea N. Reed
Legal Assistant
Enclosures
~
SUIT NO. 2005-01965
HARRIS COUNTY, ET AL IN THE DISTRICT COURT
VS. 151ST JUDICIAL DISTRICT
GENARO C GARCIA, ET AL HARRIS COUNTY, TEXAS
AFFIDAVIT IN SUPPORT OF CITATION BY POSTING
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME the undersigned authority, on this day, personally appeared the affiant and on oath
deposed as follows:
"T am an attorney licensed to practice law in the State of Texas by the Texas Supreme
Court. I am a member in good standing with the State Bar of Texas. I am above the age of 18
years, and I am competent to make this affidavit. I represent the Plaintiff, HARRIS COUNTY,
on behalf of itself and the following county-wide taxing authorities, the HARRIS
COUNTY DEPARTMENT OF EDUCATION, the PORT OF HOUSTON AUTHORITY OF
HARRIS COUNTY, the HARRIS COUNTY FLOOD CONTROL DISTRICT, the HARRIS
COUNTY HOSPITAL DISTRICT (hereinafter Harris County), CITY OF HOUSTON,
HOUSTON INDEPENDENT SCHOOL DISTRICT and HOUSTON COMMUNITY
COLLEGE SYSTEM in the above numbered and styled lawsuit. I have personal knowledge of
the facts contained herein and my statements contained herein are true and correct.
This affidavit is filed for the purpose of obtaining servite by posting upon defendant(s):
Genaro C. Garcia
Genaro Garcia Jr. (In Rem Only)
Whose location(s) is unknown, and such person’s unknown heirs, successors and
assigns, whose identity and location are unknown, unknown owners, such unknown
owner’s heirs, successors and assigns, and any and all other persons, including adverse
claimants, owning or having or claiming any legal or equitable interest in or lien upon the
property which is the subject of the delinquent tax claim in this case; and
The unknown heirs of each or all of the said named persons who may be dead; and
the unknown heirs of the unknown heirs of said above named persons; and the unknown
owner or owners of the described property; and the executors, administrators, guardians,
legal representatives, legatees, devisees of the above named persons, and who own or claim
some interest in the described property.
~~
The names or residences of the owner or owners of the land or lots involved in said suit
and any and all other persons, including adverse claimants, owning or having or claiming any
legal or equitable interest in or lien upon said land, are unknown and cannot be ascertained after
diligent inquiry, except as stated otherwise in this Affidavit. As to the corporations(s), if any,
listed above, which are the record owners of said land, the location of the place of business of
such corporation(s) or the name or place of residence of any officer of such corporation(s) upon
whom personal service may be had, are unknown and cannot be ascertained after diligent
I have made inquiries into several newspapers in Houston and am unable to locate a
newspaper willing to publish this citation for a fee, chargeable as costs and payable upon sale of
the property. All such newspapers require payment in advance of publication.
Plaintiffs have researched the history of the title to the property and have identified all
persons and the nature of their interest who appear to hold legal title or have a legal claim to the
property based on the Harris County Real Property records, Harris County Probate records, and
other available records. See Ex. A., Plaintiffs’ Title Summary Report attached hereto and
incorporated herein for all purposes. Set out in Exhibit A is the identity of each person who holds
legal title or has a legal claim to the property and the identity of the instrument or reason for that
belief.
Plaintiffs have diligently researched the identity of each unknown party including, but not
limited to, researching the party’s last known address and telephone number. Id.; see also Ex. A,
Plaintiffs’ Research Report attached hereto and incorporated herein for all purposes. Specific
internet database searches have been attempted for each unknown defendant. Plaintiffs’ Exhibit
A lists all databases used in the search for each defendant and details the results of the searches
including, the defendants’ last known address and telephone number, if known.
If telephone numbers were available, Plaintiffs attempted to call the numbers and make
contact with each unknown defendant. Ex. A (listing the numbers called, the date of the calls, and
the results of these calls, if any).
Contemporaneously with this affidavit being filed, Plaintiffs mailed a letter by first class
mail, postage prepaid, and addressed to "Current Resident" to the subject property address
informing the occupant of the reason for the investigation and the possible results of the
litigation. The statement, “[a] default judgment may be entered if no response is made” is
inscribed on the outside of the envelope in which the letter was mailed. Ex. A, Plaintiffs’ letter to
current owner or occupant; see also Ex. A (listing Plaintiffs’ attempts to correspond with other
possible addresses for the unknown defendants and the results of these mailings).
Plaintiffs have inspected and photographed the property. Having made all reasonable
inquires at the time of the visit and interviewing available residents, owners, occupants, and
neighbors, Plaintiffs were unable to locate the unknown defendants. Notice was posted at the
property detailing the nature of the case and how to contact the attorney for the taxing
authorities. This notice was posted in accordance with the Protocol For Trial of Tax Cases:
securely in an open and obvious location on the property; in 12-point bold type written font on at
HOU Citation by Posting Package Page2 Suit No. 2005-01965
.
least 8&1/2 inch X 11 inch paper; and protected from the weather in a transparent plastic cover.
See Ex, A, Property Inspector’s Sworn Statement and attached Delinquent Property Notice and
photograph.
As the above efforts have failed in locating the defendant(s):
Genaro C. Garcia
Genare Garcia Jr. (In Rem Only)
Whose location(s) is unknown, and such person’s unknown heirs, successors and
assigns, whose identity and location are unknown, unknown owners, such unknown
owner’s heirs, successors and assigns, and any and all other persons, including adverse
claimants, owning or having or claiming any legal or equitable interest in or lien upon the
property which is the subject of the delinquent tax claim in this case; and
The unknown heirs of each or all of the said named persons who may be dead; and
the unknown heirs of the unknown heirs of said above named persons; and the unknown
owner or owners of the described property; and the executors, administrators, guardians,
legal representatives, legatees, devisees of the above named persons, and who own or claim
some interest in the described property;
I, hereby request the Clerk of the District Court of Harris County, Texas to issue citation
by posting a copy of the citation at the Courthouse door of Harris County, Texas, the county in
which this suit is pending.
Further, affiant sayeth not.”
Z oO
‘
FRSen ac
Pankaj R. Parmar
State Bar No, 00792098
a
SWORN TO and SUBSCRIBED before me on this [q day of
20 88>, to certify which witness my hand and official seal of office.
ANDREA REED NatarfPublic in and for the State of Texas
MY COMMISSION EXPIRES
OCTOBER2, 2011 Printed name: App £4 (lees,
Commission Expires: (Off 26.
HOU Citation by Posting Package Page 3 ‘Suit No. 2005-01965
COUNTY AUDITOR'S FORM/9999A OFFICIAL NOTICE 2 NO 358139
HARRIS COUNTY, TEXAS (REV.10/99)
Ld THERESA CHANG DISTRICT CLERK
oF ACTION: ADDITIONAL SERVICE CASE: C-200501965 TRANS NO: 8074533 COURT: 151
ae STYLE PLT: HARRIS COUNTY
DEF: GARCIA, GENARO C
FEE DESCRIPTION Qry AMOUNT PAYMENT 1 DUE-GOVERNMT 83.00
121 CITATION WITH 1 COPY 1 8.00 PAYMENT 2
355 CONSTABLE 1 75.00 weceeeee eee
AMOUNT DUB: 83.00
CHANGE: +00
RECEIVED LINEBARGER, GOGGAN BLAIR & SAMPSON (99999930)
OF PO BOX 3064
HOUSTON, 1X 77253
BIGHTY-THREE DOLLARS AND 0/100###*e+tentteneeneseaaasseneunteneaonnwee DOLLARS
PAYMENT DATE: 02/15/2008 FILE DATE: 02/15/2008
GOVERNMENTAL AGENCY > NO FEE DUE UPON FILING
AGENCIES WHICH COLLECT FEES SHOULD REMIT PAYMENT TO THE
DISTRICT CLERK LISTING AMOUNT AND CASE NUMBER OF BACH PAYMENT.
ASSESSED BY: CORNETT, LAWANDA
VALIDATED 02/26/2008 BY: CARLTON, SHARON JANE
FILE COPY
Preview
ey ta . en Ke ry ED heBe LINEBARGER GOGGAN BLAIR & SAMPSON, LLP Pale ATTORNEYS AT LAW o33 @ 1301 TRAVIS, SUITE 300 (77002) YX2, $002 HOUSTON, TX 77253-3064 HYP HID Cary Fay (713) 844-3580 Suyyy dose Sid Va (713) 844-3502 - Fax Oy SHy February 13, 2008 Theresa Chang District Clerk, Harris County 201 Caroline Houston, TX 77002 RE: SUIT NO. 2005-01965, HARRIS COUNTY, ET AL VS. GENARO C GARCIA, ET AL; IN THE 151ST JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS. Dear Theresa Chang: This letter concerns the issuance and service of the Citation by Posting in the above captioned suit. DISTRICT CLERK: Please file the Affidavit for Citation by Posting with the papers of the case. Please issue the Citation by Posting at your earliest convenience, and deliver it and an executed copy to the Constable. CONSTABLE: Please serve the citation by posting a copy on the door of the Harris County courthouse. Once the citation has been posted please execute the Officer's return and return the original to the District Clerk. Thank you for your help and if anyone concerned has any questions on the above, please feel free to give mea call. Sincerely, An N. Reed Legal Assistant Enclosures RECORDER'S MEMORANDUM This instrument is of poor quality at the time of imaging _ SUIT NO. 2005-01965 HARRIS COUNTY, ET AL IN THE DISTRICT COURT VS. 151ST JUDICIAL DISTRICT GENARO C GARCIA, ET AL HARRIS COUNTY, TEXAS AFFIDAVIT IN SUPPORT OF CITATION BY POSTING STATE OF TEXAS § COUNTY OF HARRIS 8 BEFORE ME the undersigned authority, on this day, personally appeared the affiant and on oath deposed as follows: "I am an attomey licensed to practice law in the State of Texas by the Texas Supreme Court. I am a member in good standing with the State Bar of Texas. I am above the age of 18 years, and I am competent to make this affidavit. I represent the Plaintiff, HARRIS COUNTY, on behalf of itself and the following county-wide taxing authorities, the HARRIS COUNTY DEPARTMENT OF EDUCATION, the PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, the HARRIS COUNTY FLOOD CONTROL DISTRICT, the HARRIS COUNTY HOSPITAL DISTRICT (hereinafter Harris County), CITY OF HOUSTON, HOUSTON INDEPENDENT SCHOOL DISTRICT and HOUSTON COMMUNITY COLLEGE SYSTEM in the above numbered and styled lawsuit. I have personal knowledge of the facts contained herein and my statements contained herein are true and correct. This affidavit is filed for the purpose of obtaining service by posting upon defendant(s): Genaro C. Garcia Genaro Garcia Jr. (In Rem Only) Whose location(s) is unknown, and such person’s unknown heirs, successors and assigns, whose identity and location are unknown, unknown owners, such unknown owner’s heirs, successors and assigns, and any and all other persons, including adverse claimants, owning or having or claiming any legal or equitable interest in or lien upon the property which is the subject of the delinquent tax claim in this case; and The unknown heirs of each or all of the said named persons who may be dead; and the unknown heirs of the unknown heirs of said above named persons; and the unknown owner or owners of the described property; and the executors, administrators, guardians, legal representatives, legatees, devisees of the above named persons, and who own or claim some interest in the described property. The names or residences of the owner or owners of the land or lots involved in said suit and any and all other persons, including adverse claimants, owning or having or claiming any legal or equitable interest in or lien upon said land, are unknown and cannot be ascertained after diligent inquiry, except as stated otherwise in this Affidavit. As to the corporations(s), if any, listed above, which are the record owners of said land, the location of the place of business of such corporation(s) or the name or place of residence of any officer of such corporation(s) upon whom personal service may be had, are unknown and cannot be ascertained after diligent inquiry. I have made inquiries into several newspapers in Houston and am unable to locate a newspaper willing to publish this citation for a fee, chargeable as costs and payable upon sale of the property. All such newspapers require payment in advance of publication. Plaintiffs have researched the history of the title to the property and have identified all persons and the nature of their interest who appear to hold legal title or have a legal claim to the property based on the Harris County Real Property records, Harris County Probate records, and other available records. See Ex, A., Plaintiffs’ Title Summary Report attached hereto and incorporated herein for all purposes. Set out in Exhibit A is the identity of each person who holds legal title or has a legal claim to the property and the identity of the instrument or reason for that belief. Plaintiffs have diligently researched the identity of each unknown party including, but not limited to, researching the party’s last known address and telephone number. Id.; see also Ex. A, Plaintiffs’ Research Report attached hereto and incorporated herein for all purposes. Specific internet database searches have been attempted for each unknown defendant. Plaintiffs’ Exhibit A lists all databases used in the search for each defendant and details the results of the searches including, the defendants’ last known address and telephone number, if known. If telephone numbers were available, Plaintiffs attempted to call the numbers and make contact with each unknown defendant. Ex. A (listing the numbers called, the date of the calls, and the results of these calls, if any), Contemporaneously with this affidavit being filed, Plaintiffs mailed a letter by first class mail, postage prepaid, and addressed to "Current Resident" to the subject property address informing the occupant of the reason for the investigation and the possible results of the litigation. The statement, “[a] default judgment may be entered if no response is made” is inscribed on the outside of the envelope in which the letter was mailed. Ex. A, Plaintiffs’ letter to current owner or occupant; see also Ex. A (listing Plaintiffs’ attempts to correspond with other possible addresses for the unknown defendants and the results of these mailings). Plaintiffs have inspected and photographed the property. Having made all reasonable inquires at the time of the visit and interviewing available residents, owners, occupants, and neighbors, Plaintiffs were unable to locate the unknown defendants. Notice was posted at the property detailing the nature of the case and how to contact the attorney for the taxing authorities. This notice was posted in accordance with the Protocol For Trial of Tax Cases: securely in an open and obvious location on the property; in 12-point bold type written font on at HOU Citation by Posting Package Page? Suit No. 2005-01965 least 8&1/2 inch X 11 inch paper; and protected from the weather in a transparent plastic cover. See Ex. A, Property Inspector’s Sworn Statement and attached Delinquent Property Notice and photograph. As the above efforts have failed in locating the defendant(s): Genaro C. Garcia Genaro Garcia Jr. (In Rem Only) Whose location(s) is unknown, and such person’s unknown heirs, successors and ssigns, whose identity and location are unknown, unknown owners, such unknown owner’s heirs, successors and assigns, and any and all other persons, including adverse claimants, owning or having or claiming any legal or equitable interest in or lien upon the property which is the subject of the delinquent tax claim in this case; and The unknown heirs of each or all of the said named persons who may be dead; and the unknown heirs of the unknown heirs of said above named persons; and the unknown owner or owners of the described property; and the executors, administrators, guardians, legal representatives, legatees, devisees of the above named persons, and who own or claim some interest in the described property; I, hereby request the Clerk of the District Court of Harris County, Texas to issue citation by posting a copy of the citation at the Courthouse door of Harris County, Texas, the county in which this suit is pending. Further, affiant sayeth not." < Oo . COSen ac Pankaj R. Parmar State Bar No. 00792098 “a SWORN TO and SUBSCRIBED before me on this [q day of 20 69>, to certify which witness my hand and official seal of office. IS ANDREA REED COMMISSION EXPIRES OCTOBER2, 2011 Notary Public in and for the State of Texas Printed nane Aspe 4 (aes Commission Expires: fofaf 2oi/ HOU Citation by Posting Package Page3 Suit No. 2005-01965 -- hla a LINEBARGER GOGGAN BLAIR & SAMPSON, LLP & 2 Wy ATTORNEYS AT LAW Styy 1849 130] TRAVIS, SUITE 300 (77002) HOUSTON, TX 77253-3064 ifs Ad 8 A. 2H By ‘9 8 fi v4 (713) 844-3580 ne (713) 844-3502 - Fax O3 February 13, 2008 Theresa Chang District Clerk, Harris County 201 Caroline Houston, TX 77002 RE SUIT NO. 2005-01965, HARRIS COUNTY, ET AL VS. GENARO C GARCIA, ET AL; IN THE 151ST JUDICIAL DISTRICT COURT OF HARRIS C OUNTY, TEXAS. Dear Theresa Chang: This letter concerns the issuance and service of the Citation by Posting in the above captioned suit. DISTRICT CLERK: Please file the Affidavit for Citation by Posting with the papers of the case. Please issue the Citation by Posting at your earliest convenience, and deliver it and an executed copy to the Constable. CONSTABLE: Please serve the citation by posting-a copy on the door of the Harris County courthouse. Once the citation has been posted please execute the Officer's return and return the original to the District Clerk. Thank you for your help and if anyone concerned has any questions on the above, please féel free to give me a call. Sincerely, Andfea N. Reed Legal Assistant Enclosures ~ SUIT NO. 2005-01965 HARRIS COUNTY, ET AL IN THE DISTRICT COURT VS. 151ST JUDICIAL DISTRICT GENARO C GARCIA, ET AL HARRIS COUNTY, TEXAS AFFIDAVIT IN SUPPORT OF CITATION BY POSTING STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME the undersigned authority, on this day, personally appeared the affiant and on oath deposed as follows: "T am an attorney licensed to practice law in the State of Texas by the Texas Supreme Court. I am a member in good standing with the State Bar of Texas. I am above the age of 18 years, and I am competent to make this affidavit. I represent the Plaintiff, HARRIS COUNTY, on behalf of itself and the following county-wide taxing authorities, the HARRIS COUNTY DEPARTMENT OF EDUCATION, the PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, the HARRIS COUNTY FLOOD CONTROL DISTRICT, the HARRIS COUNTY HOSPITAL DISTRICT (hereinafter Harris County), CITY OF HOUSTON, HOUSTON INDEPENDENT SCHOOL DISTRICT and HOUSTON COMMUNITY COLLEGE SYSTEM in the above numbered and styled lawsuit. I have personal knowledge of the facts contained herein and my statements contained herein are true and correct. This affidavit is filed for the purpose of obtaining servite by posting upon defendant(s): Genaro C. Garcia Genaro Garcia Jr. (In Rem Only) Whose location(s) is unknown, and such person’s unknown heirs, successors and assigns, whose identity and location are unknown, unknown owners, such unknown owner’s heirs, successors and assigns, and any and all other persons, including adverse claimants, owning or having or claiming any legal or equitable interest in or lien upon the property which is the subject of the delinquent tax claim in this case; and The unknown heirs of each or all of the said named persons who may be dead; and the unknown heirs of the unknown heirs of said above named persons; and the unknown owner or owners of the described property; and the executors, administrators, guardians, legal representatives, legatees, devisees of the above named persons, and who own or claim some interest in the described property. ~~ The names or residences of the owner or owners of the land or lots involved in said suit and any and all other persons, including adverse claimants, owning or having or claiming any legal or equitable interest in or lien upon said land, are unknown and cannot be ascertained after diligent inquiry, except as stated otherwise in this Affidavit. As to the corporations(s), if any, listed above, which are the record owners of said land, the location of the place of business of such corporation(s) or the name or place of residence of any officer of such corporation(s) upon whom personal service may be had, are unknown and cannot be ascertained after diligent I have made inquiries into several newspapers in Houston and am unable to locate a newspaper willing to publish this citation for a fee, chargeable as costs and payable upon sale of the property. All such newspapers require payment in advance of publication. Plaintiffs have researched the history of the title to the property and have identified all persons and the nature of their interest who appear to hold legal title or have a legal claim to the property based on the Harris County Real Property records, Harris County Probate records, and other available records. See Ex. A., Plaintiffs’ Title Summary Report attached hereto and incorporated herein for all purposes. Set out in Exhibit A is the identity of each person who holds legal title or has a legal claim to the property and the identity of the instrument or reason for that belief. Plaintiffs have diligently researched the identity of each unknown party including, but not limited to, researching the party’s last known address and telephone number. Id.; see also Ex. A, Plaintiffs’ Research Report attached hereto and incorporated herein for all purposes. Specific internet database searches have been attempted for each unknown defendant. Plaintiffs’ Exhibit A lists all databases used in the search for each defendant and details the results of the searches including, the defendants’ last known address and telephone number, if known. If telephone numbers were available, Plaintiffs attempted to call the numbers and make contact with each unknown defendant. Ex. A (listing the numbers called, the date of the calls, and the results of these calls, if any). Contemporaneously with this affidavit being filed, Plaintiffs mailed a letter by first class mail, postage prepaid, and addressed to "Current Resident" to the subject property address informing the occupant of the reason for the investigation and the possible results of the litigation. The statement, “[a] default judgment may be entered if no response is made” is inscribed on the outside of the envelope in which the letter was mailed. Ex. A, Plaintiffs’ letter to current owner or occupant; see also Ex. A (listing Plaintiffs’ attempts to correspond with other possible addresses for the unknown defendants and the results of these mailings). Plaintiffs have inspected and photographed the property. Having made all reasonable inquires at the time of the visit and interviewing available residents, owners, occupants, and neighbors, Plaintiffs were unable to locate the unknown defendants. Notice was posted at the property detailing the nature of the case and how to contact the attorney for the taxing authorities. This notice was posted in accordance with the Protocol For Trial of Tax Cases: securely in an open and obvious location on the property; in 12-point bold type written font on at HOU Citation by Posting Package Page2 Suit No. 2005-01965 . least 8&1/2 inch X 11 inch paper; and protected from the weather in a transparent plastic cover. See Ex, A, Property Inspector’s Sworn Statement and attached Delinquent Property Notice and photograph. As the above efforts have failed in locating the defendant(s): Genaro C. Garcia Genare Garcia Jr. (In Rem Only) Whose location(s) is unknown, and such person’s unknown heirs, successors and assigns, whose identity and location are unknown, unknown owners, such unknown owner’s heirs, successors and assigns, and any and all other persons, including adverse claimants, owning or having or claiming any legal or equitable interest in or lien upon the property which is the subject of the delinquent tax claim in this case; and The unknown heirs of each or all of the said named persons who may be dead; and the unknown heirs of the unknown heirs of said above named persons; and the unknown owner or owners of the described property; and the executors, administrators, guardians, legal representatives, legatees, devisees of the above named persons, and who own or claim some interest in the described property; I, hereby request the Clerk of the District Court of Harris County, Texas to issue citation by posting a copy of the citation at the Courthouse door of Harris County, Texas, the county in which this suit is pending. Further, affiant sayeth not.” Z oO ‘ FRSen ac Pankaj R. Parmar State Bar No, 00792098 a SWORN TO and SUBSCRIBED before me on this [q day of 20 88>, to certify which witness my hand and official seal of office. ANDREA REED NatarfPublic in and for the State of Texas MY COMMISSION EXPIRES OCTOBER2, 2011 Printed name: App £4 (lees, Commission Expires: (Off 26. HOU Citation by Posting Package Page 3 ‘Suit No. 2005-01965 COUNTY AUDITOR'S FORM/9999A OFFICIAL NOTICE 2 NO 358139 HARRIS COUNTY, TEXAS (REV.10/99) Ld THERESA CHANG DISTRICT CLERK oF ACTION: ADDITIONAL SERVICE CASE: C-200501965 TRANS NO: 8074533 COURT: 151 ae STYLE PLT: HARRIS COUNTY DEF: GARCIA, GENARO C FEE DESCRIPTION Qry AMOUNT PAYMENT 1 DUE-GOVERNMT 83.00 121 CITATION WITH 1 COPY 1 8.00 PAYMENT 2 355 CONSTABLE 1 75.00 weceeeee eee AMOUNT DUB: 83.00 CHANGE: +00 RECEIVED LINEBARGER, GOGGAN BLAIR & SAMPSON (99999930) OF PO BOX 3064 HOUSTON, 1X 77253 BIGHTY-THREE DOLLARS AND 0/100###*e+tentteneeneseaaasseneunteneaonnwee DOLLARS PAYMENT DATE: 02/15/2008 FILE DATE: 02/15/2008 GOVERNMENTAL AGENCY > NO FEE DUE UPON FILING AGENCIES WHICH COLLECT FEES SHOULD REMIT PAYMENT TO THE DISTRICT CLERK LISTING AMOUNT AND CASE NUMBER OF BACH PAYMENT. ASSESSED BY: CORNETT, LAWANDA VALIDATED 02/26/2008 BY: CARLTON, SHARON JANE FILE COPY