Preview
~~ ASSESS SED] V8
ENTERED.
SUIT NO. 2005-70421
VERIFIED.
HOUSTON INDEPENDENT SCHOOL § IN THE DISTRICT COUR?
DISTRICT
§
vs. § 165TH JUDICIAL DISTRICT
§
JAN RAYBURN AKA JAN J. RAYBURN §
AKA JAN RAYBURN BURNS, ET AL HARRIS COUNTY, TEXAS ..“<
= &
PLAINTIFFS' FIRST AMENDED PETITION 22>
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TO THE HONORABLE JUDGE OF SAID COURT: ao" osm
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This suit is brought for the recovery of delinquent ad valorem taxesandel TEX. Tax”
CODE § 33.41 by the following named Plaintifi(s), whether one or more, each of which is a
taxing unit and is legally constituted and authorized to impose and collect taxes on property:
HOUSTON INDEPENDENT SCHOOL DISTRICT; HARRIS COUNTY, on behalf of
itself and the following county-wide taxing authorities, the HARRIS COUNTY
EDUCATION DEPARTMENT, 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
AND HOUSTON COMMUNITY COLLEGE SYSTEM
The Plaintiff(s) intends discovery to be conducted under Level 2 of Rule 190, Texas
Rules of Civil Procedure.
DEFENDANT(S)
The following are named as Defendant(s) in this suit, and they may be served with notice
of these claims by service of citation at the address and in the manner shown as follows
Jan Rayburn, PO Box 920883, Houston, TX 77292-0883 (Served).
James S. Manteris, Jr. (In Rem Only), is a non-resident of the State of Texas; was engaged
in businesses in Texas. The lawsuit arises out of the non-resident’s business dealing in
Texas. Therefore, the Secretary of State is the agent for service on the non-resident
defendant. James S. Manteris, Jr a non-resident, who can be served by delivering citation
at: 1613 Barnard Way, Bowling Green, KY 42103 by serving their agent the Secretary of
State of Texas, or their designated person pursuant to Texas Admin. Code Section 71.21
Statutory Filings Division, Statutory Documents at 1019 Brazos Street, Earl Rudder
RECORDER'S MEMORANDUM
This instrument is of poor quality
atthe time of Imaging =
a —
Building, Austin, Texas 78701, by certified mail as authorized under Section 17.091,
17.026(a) of CP&RC; (Requesting Service);
if unknown, whose location 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.
Plaintiff(s) petition is amended pursuant to Rule 62 and 63, Texas Rules of Civil
Procedure. Plaintiff(s) do not seek any monetary relief or personal judgment against any
defendant identified as In Rem Only hereinabove. Plaintiff(s) intend discovery to be conducted
under level 2 of Rule 190 of Texas Rules of Civil Procedure. Plaintiff(s) petition is amended to
correct defendant(s).
The following taxing unit(s), whether one or more, is joined as a party herein as required
by TEX. TAX CODE § 33.44(a) because it may have a claim and lien for delinquent taxes against
all or part of the same property described below: None. The foregoing named taxing unit(s), if
any, is invited to add its claim by intervening herein.
I.
Claims for all taxes becoming delinquent on said property at any time subsequent to the
filing of this suit, up to the day of judgment, including all penalties, interest, attorney’s fees, and
costs on same, are incorporated in this suit, and Plaintiff(s) is entitled to recover the same, upon
proper proof, without further citation or notice. Plaintiff(s) is further entitled to recover each
penalty that is incurred and all interest that accrues on all delinquent taxes imposed on the
property from the date of judgment to the date of sale.
Il.
As to each separately described property shown below, there are delinquent taxes,
penalties, interest, and costs justly due, owing and unpaid to Plaintiff(s) for the tax years and in
the amounts as follows, if paid in March, 2007:
PROPERTY AND AMOUNTS OWED
PARCEL NO. 1:
ACCT. NO. 0432050040080; ALL THAT CERTAIN TRACT OR PARCEL OF LAND
CONTAINING 0.276 ACRES, MORE OR LESS, LOCATED IN THE W.P. MORTON
SURVEY, ABSTRACT 539, IN HARRIS COUNTY, TEXAS; BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE DEED FROM
CARY W. DEVOLL TO NORMAN KEMP DATED JUNE 29, 1983 AND RECORDED
HOU Amended Petition w/Tax Merge Page 2 Suit No, 2005-70421
UNDER CLERK'S FILE NO. J-021613 IN THE OFFICIAL PUBLIC RECORDS OF
REAL PROPERTY OF HARRIS COUNTY, TEXAS.
HOUSTON INDEPENDENT SCHOOL DISTRICT
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $723.22 $370.29 $1,093.51
TOTALS: $723.22 $370.29 $1,093.51
HARRIS COUNTY
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $297.65 $152.40 $450.05
TOTALS: $297.65 $152.40 $450.05
CITY OF HOUSTON
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $298.21 $152.68 $450.89
TOTALS: $298.21 $152.68 $450.89
HOUSTON COMMUNITY COLLEGE SYSTEM
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $44.11 $22.59 $66.70
TOTALS: $44.11 $22.59 $66.70
GRAND TOTAL FOR PROPERTY NO. 1: $2,061.15
Parcel No. 2:
ACCT. NO. 1141520000005; CONDOMINIUM UNIT NUMBER A-5, BUILDING A AND
THE SPACE ENCOMPASSED BY THE BOUNDARIES THEREOF, TOGETHER WITH
ALL APPURTENANCES THERETO AND THE EXTERIOR SURFACE OF THE
ASSOCIATED BALCONY AND/OR PATIO AND PARKING SPACES, IF ANY THE
LIMITED COMMON ELEMENTS APPURTENANT THERETO, TOGETHER WITH
AN UNDIVIDED INTEREST IN THE GENERAL ELEMENTS LOCATED IN AND
BEING PART OF ARBOR GREEN CONDOMINIUM, A CONDOMINIUM PROJECT
IN HARRIS COUNTY, TEXAS, AND AS MORE FULLY DESCRIBED, DEFINED AND
DELINEATED IN THE CONDOMINIUM DECLARATION FOR ARBOR GREEN
CONDOMINIUM, TOGETHER WITH THE SURVEY PLAT, BY-LAWS, EXHIBITS
AND AMENDMENTS THERETO RECORDED IN VOLUME 72, PAGE 1 OF THE
CONDOMINIUM RECORDS OF HARRIS COUNTY, TEXAS.
HOU Amended Petition w/Tax Merge Page 3 Suit No. 2005-70421
HOUSTON INDEPENDENT SCHOOL DISTRICT
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $499.64 $255.82 $755.46
2006 $5.14 $1.30 $6.44
TOTALS: $504.78 $257.12 $761.90
HARRIS COUNTY
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $185.24 $94.86 $280.10
2006 $2.25 $.57 $2.82
TOTALS: $187.49 $95.43 $282.92
CITY OF HOUSTON
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $185.54 $95.00 $280.54
2006 $2.25 $.57 $2.82
TOTALS: $187.79 $95.57 $283.36
HOUSTON COMMUNITY COLLEGE SYSTEM
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $27.45 $14.06 $41.51
2006 $.33 $.08 $.41
TOTALS: $27.78 $14.14 $41.92
GRAND TOTAL FOR PROPERTY NO. 2: $1,370.10
Parcel No. 3:
ACCT. NO. 1141520130004; CONDOMINIUM UNIT NUMBER 142, BUILDING N AND
THE SPACE ENCOMPASSED BY THE BOUNDARIES THEREOF, TOGETHER WITH
ALL APPURTENANCES THERETO AND THE EXTERIOR SURFACE OF THE
ASSOCIATED BALCONY AND/OR PATIO AND PARKING SPACES, IF ANY THE
LIMITED COMMON ELEMENTS APPURTENANT THERETO, TOGETHER WITH
AN UNDIVIDED INTEREST IN THE GENRAL ELEMEMTS LOCATED IN AND
BEING PART OF ARBOR GREEN CONDOMINIUM PHASES I AND Il, A
CONDOMINIUM PROJECT IN HARRIS COUNTY, TEXAS, AND AS MORE FULLY
DESCRIBED, DEFINED AND DELINEATED IN THE CONDOMINIUM
DECLARATION FOR ARBOR GREEN CONDOMINIUM PHASES I AND Ii,
HOU Amended Petition w/Tax Merge Page 4 Suit No. 2005-70421
TOGETHER WITH THE SURVEY PLAT, BY-LAWS, EXHIBITS AND AMENDMENTS
THERETO RECORDED IN VOLUME 72, PAGE 1 OF THE CONDOMINIUM
RECORDS OF HARRIS COUNTY, TEXAS.
HARRIS COUNTY
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $215.17 $110.18 $325.35
TOTALS: $215.17 $110.18 $325.35
CITY OF HOUSTON
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $215.49 $110.33 $325.82
TOTALS: $215.49 $110.33 $325.82
HOUSTON INDEPENDENT SCHOOL DISTRICT
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $529.27 $270.99 $800.26
TOTALS: $529.27 $270.99 $800.26
HOUSTON COMMUNITY COLLEGE SYSTEM
Tax Year(s) Tax Amount Penalties and Interest Total Due
2005 $31.84 $16.30 $48.14
TOTALS: $31.84 $16.30 $48.14
GRAND TOTAL FOR PROPERTY NO. 3: $1,499.57
The total aggregate amount of taxes, penalties, interest, and attorney’s fees (if any) for which
Plaintiff{s) sues is $4,930.82, subject to additional taxes, penalties, interest, and attorney’s fees
that accrue subsequent to the filing of this petition.
HOU Amended Petition w/Tax Merge Page 5 Suit No. 2005-70421
ee ee __
IV
All of the taxes were authorized by law and legally imposed in the county in which this
suit is brought. The taxes were imposed in the amount(s) stated above on each separately
described property for each year specified and on each person named, if known, who owned the
property on January 1 of the year for which the tax was imposed. Plaintiff(s) now has and
asserts a lien on each tract of real property and each item of personal property described herein to
secure the payment of all taxes, penalties, interest and costs due. Pursuant to Rule 54 of the
Texas Rules of Civil Procedure, Plaintiff(s) affirmatively avers that all things required by law to
be done have been done properly by the appropriate officials and all conditions precedent have
been met.
V.
All of the property described above was, at the time the taxes were assessed, located
within the territorial boundaries of each taxing unit in whose behalf this suit is brought. All
Defendants named in this suit either owned the property that is the subject of this suit on January
1 of the year in which taxes were imposed on said property, or owned or claimed an interest in or
lien upon said property at the time of the filing of this suit. The value of any personal property
that may be described above, and against which the tax lien is sought to be enforced, is in excess
of FIVE HUNDRED AND NO/100 DOLLARS ($500.00).
VI.
The Law Firm represented by the attorney whose name is signed hereto is legally
authorized and empowered to institute and prosecute this action on behalf of Plaintifi(s).
Plaintiff(s) should recover attorney's fees as provided by law for the prosecution of this case, and
such attorney's fees should be taxed as costs.
Vil.
Plaintiff(s) may have incurred certain expenses in the form of abstractor’s costs in
procuring data and information as to the name, identity and location of necessary parties, and in
procuring necessary legal descriptions of the property that is the subject of this suit. Said
expenses, if incurred, are reasonable and are in the following amount: NONE. The abstractor's
costs, if any be shown, should be taxed as costs herein.
HOU Amended Petition w/Tax Merge Page 6 Suit No. 2005-70421
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff(s) requests that citation be issued
and served upon each Defendant named herein, commanding them to appear and answer herein
in the time and manner required by law. Plaintiffs) further prays, upon final hearing in this
cause, for foreclosure of its liens against the above-described property securing the total amount
of all delinquent taxes, penalties and interest, including taxes, penalties and interest becoming
delinquent during the pendency of this suit, costs of court, attorney's fees, abstract fees, and
expenses of foreclosure sale. Plaintifi{s) further prays for personal judgment against
Defendant(s) who owned the property on January 1 of the year for which the taxes were imposed
for all taxes, penalties, interest, and costs that are due or will become due on the property,
together with attorney's fees and abstractor's fees. Plaintiff{s) further prays for: (1) the
appropriate order of sale requiring the foreclosed property to be sold, free and clear of any right,
title or interest owned or held by any of the named Defendants, at public auction in the manner
prescribed by law, and (2) writs of execution, directing the sheriffs and constables for the State
of Texas, to search out, seize, and sell sufficient property of the Defendant(s) against whom
personal judgment may be awarded to satisfy the lawful judgment sought herein. However,
Plaintiff{s) do not pray for personal judgment against any defendant(s) identified in paragraph I
as IN REM ONLY. Plaintiffs) pray for costs of court and for such other and further relief, at
law or in equity, to which they may show themselves justly entitled.
Respectfully submitted,
LINEBARGER GOGGAN
BLAIR & SAMPSON, LLP
1301 TRAVIS, SUITE 300 (77002)
P O BOX 3064
HOUSTON, TX 77253-3064
(713) 844-3580, (713) 844-3502 - Fax
Herbert (Trey) A. Stone III
State Bar No. 24041980
Attorneys for Plaintiff{s)
HOU Amended Petition w/Tax Merge Page 7 Suit No. 2005-70421
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy was mailed, faxed or hand-delivered to all
opposing counsel and other parties listed below who have made an appearance in this suit
pursuant to rule 21(a) T.R.C.P. on the day of MAR-t 520.
Jan Rayburn
PO Box 920883
Houston, TX 77292-0883
James S. Manteris, Jr.
1613 Barnard Way
Bowling Green, KY 42103
Attorney Certifying
sf
HOU Amended Petition w/Tax Merge Page 8 Suit No. 2005-70421
Preview
~~ ASSESS SED] V8 ENTERED. SUIT NO. 2005-70421 VERIFIED. HOUSTON INDEPENDENT SCHOOL § IN THE DISTRICT COUR? DISTRICT § vs. § 165TH JUDICIAL DISTRICT § JAN RAYBURN AKA JAN J. RAYBURN § AKA JAN RAYBURN BURNS, ET AL HARRIS COUNTY, TEXAS ..“< = & PLAINTIFFS' FIRST AMENDED PETITION 22> =F an TO THE HONORABLE JUDGE OF SAID COURT: ao" osm ODN =e 05 for <{O aE. PLAINTIFF I 4 352 CIR Le This suit is brought for the recovery of delinquent ad valorem taxesandel TEX. Tax” CODE § 33.41 by the following named Plaintifi(s), whether one or more, each of which is a taxing unit and is legally constituted and authorized to impose and collect taxes on property: HOUSTON INDEPENDENT SCHOOL DISTRICT; HARRIS COUNTY, on behalf of itself and the following county-wide taxing authorities, the HARRIS COUNTY EDUCATION DEPARTMENT, 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 AND HOUSTON COMMUNITY COLLEGE SYSTEM The Plaintiff(s) intends discovery to be conducted under Level 2 of Rule 190, Texas Rules of Civil Procedure. DEFENDANT(S) The following are named as Defendant(s) in this suit, and they may be served with notice of these claims by service of citation at the address and in the manner shown as follows Jan Rayburn, PO Box 920883, Houston, TX 77292-0883 (Served). James S. Manteris, Jr. (In Rem Only), is a non-resident of the State of Texas; was engaged in businesses in Texas. The lawsuit arises out of the non-resident’s business dealing in Texas. Therefore, the Secretary of State is the agent for service on the non-resident defendant. James S. Manteris, Jr a non-resident, who can be served by delivering citation at: 1613 Barnard Way, Bowling Green, KY 42103 by serving their agent the Secretary of State of Texas, or their designated person pursuant to Texas Admin. Code Section 71.21 Statutory Filings Division, Statutory Documents at 1019 Brazos Street, Earl Rudder RECORDER'S MEMORANDUM This instrument is of poor quality atthe time of Imaging = a — Building, Austin, Texas 78701, by certified mail as authorized under Section 17.091, 17.026(a) of CP&RC; (Requesting Service); if unknown, whose location 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. Plaintiff(s) petition is amended pursuant to Rule 62 and 63, Texas Rules of Civil Procedure. Plaintiff(s) do not seek any monetary relief or personal judgment against any defendant identified as In Rem Only hereinabove. Plaintiff(s) intend discovery to be conducted under level 2 of Rule 190 of Texas Rules of Civil Procedure. Plaintiff(s) petition is amended to correct defendant(s). The following taxing unit(s), whether one or more, is joined as a party herein as required by TEX. TAX CODE § 33.44(a) because it may have a claim and lien for delinquent taxes against all or part of the same property described below: None. The foregoing named taxing unit(s), if any, is invited to add its claim by intervening herein. I. Claims for all taxes becoming delinquent on said property at any time subsequent to the filing of this suit, up to the day of judgment, including all penalties, interest, attorney’s fees, and costs on same, are incorporated in this suit, and Plaintiff(s) is entitled to recover the same, upon proper proof, without further citation or notice. Plaintiff(s) is further entitled to recover each penalty that is incurred and all interest that accrues on all delinquent taxes imposed on the property from the date of judgment to the date of sale. Il. As to each separately described property shown below, there are delinquent taxes, penalties, interest, and costs justly due, owing and unpaid to Plaintiff(s) for the tax years and in the amounts as follows, if paid in March, 2007: PROPERTY AND AMOUNTS OWED PARCEL NO. 1: ACCT. NO. 0432050040080; ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 0.276 ACRES, MORE OR LESS, LOCATED IN THE W.P. MORTON SURVEY, ABSTRACT 539, IN HARRIS COUNTY, TEXAS; BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE DEED FROM CARY W. DEVOLL TO NORMAN KEMP DATED JUNE 29, 1983 AND RECORDED HOU Amended Petition w/Tax Merge Page 2 Suit No, 2005-70421 UNDER CLERK'S FILE NO. J-021613 IN THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS. HOUSTON INDEPENDENT SCHOOL DISTRICT Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $723.22 $370.29 $1,093.51 TOTALS: $723.22 $370.29 $1,093.51 HARRIS COUNTY Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $297.65 $152.40 $450.05 TOTALS: $297.65 $152.40 $450.05 CITY OF HOUSTON Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $298.21 $152.68 $450.89 TOTALS: $298.21 $152.68 $450.89 HOUSTON COMMUNITY COLLEGE SYSTEM Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $44.11 $22.59 $66.70 TOTALS: $44.11 $22.59 $66.70 GRAND TOTAL FOR PROPERTY NO. 1: $2,061.15 Parcel No. 2: ACCT. NO. 1141520000005; CONDOMINIUM UNIT NUMBER A-5, BUILDING A AND THE SPACE ENCOMPASSED BY THE BOUNDARIES THEREOF, TOGETHER WITH ALL APPURTENANCES THERETO AND THE EXTERIOR SURFACE OF THE ASSOCIATED BALCONY AND/OR PATIO AND PARKING SPACES, IF ANY THE LIMITED COMMON ELEMENTS APPURTENANT THERETO, TOGETHER WITH AN UNDIVIDED INTEREST IN THE GENERAL ELEMENTS LOCATED IN AND BEING PART OF ARBOR GREEN CONDOMINIUM, A CONDOMINIUM PROJECT IN HARRIS COUNTY, TEXAS, AND AS MORE FULLY DESCRIBED, DEFINED AND DELINEATED IN THE CONDOMINIUM DECLARATION FOR ARBOR GREEN CONDOMINIUM, TOGETHER WITH THE SURVEY PLAT, BY-LAWS, EXHIBITS AND AMENDMENTS THERETO RECORDED IN VOLUME 72, PAGE 1 OF THE CONDOMINIUM RECORDS OF HARRIS COUNTY, TEXAS. HOU Amended Petition w/Tax Merge Page 3 Suit No. 2005-70421 HOUSTON INDEPENDENT SCHOOL DISTRICT Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $499.64 $255.82 $755.46 2006 $5.14 $1.30 $6.44 TOTALS: $504.78 $257.12 $761.90 HARRIS COUNTY Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $185.24 $94.86 $280.10 2006 $2.25 $.57 $2.82 TOTALS: $187.49 $95.43 $282.92 CITY OF HOUSTON Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $185.54 $95.00 $280.54 2006 $2.25 $.57 $2.82 TOTALS: $187.79 $95.57 $283.36 HOUSTON COMMUNITY COLLEGE SYSTEM Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $27.45 $14.06 $41.51 2006 $.33 $.08 $.41 TOTALS: $27.78 $14.14 $41.92 GRAND TOTAL FOR PROPERTY NO. 2: $1,370.10 Parcel No. 3: ACCT. NO. 1141520130004; CONDOMINIUM UNIT NUMBER 142, BUILDING N AND THE SPACE ENCOMPASSED BY THE BOUNDARIES THEREOF, TOGETHER WITH ALL APPURTENANCES THERETO AND THE EXTERIOR SURFACE OF THE ASSOCIATED BALCONY AND/OR PATIO AND PARKING SPACES, IF ANY THE LIMITED COMMON ELEMENTS APPURTENANT THERETO, TOGETHER WITH AN UNDIVIDED INTEREST IN THE GENRAL ELEMEMTS LOCATED IN AND BEING PART OF ARBOR GREEN CONDOMINIUM PHASES I AND Il, A CONDOMINIUM PROJECT IN HARRIS COUNTY, TEXAS, AND AS MORE FULLY DESCRIBED, DEFINED AND DELINEATED IN THE CONDOMINIUM DECLARATION FOR ARBOR GREEN CONDOMINIUM PHASES I AND Ii, HOU Amended Petition w/Tax Merge Page 4 Suit No. 2005-70421 TOGETHER WITH THE SURVEY PLAT, BY-LAWS, EXHIBITS AND AMENDMENTS THERETO RECORDED IN VOLUME 72, PAGE 1 OF THE CONDOMINIUM RECORDS OF HARRIS COUNTY, TEXAS. HARRIS COUNTY Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $215.17 $110.18 $325.35 TOTALS: $215.17 $110.18 $325.35 CITY OF HOUSTON Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $215.49 $110.33 $325.82 TOTALS: $215.49 $110.33 $325.82 HOUSTON INDEPENDENT SCHOOL DISTRICT Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $529.27 $270.99 $800.26 TOTALS: $529.27 $270.99 $800.26 HOUSTON COMMUNITY COLLEGE SYSTEM Tax Year(s) Tax Amount Penalties and Interest Total Due 2005 $31.84 $16.30 $48.14 TOTALS: $31.84 $16.30 $48.14 GRAND TOTAL FOR PROPERTY NO. 3: $1,499.57 The total aggregate amount of taxes, penalties, interest, and attorney’s fees (if any) for which Plaintiff{s) sues is $4,930.82, subject to additional taxes, penalties, interest, and attorney’s fees that accrue subsequent to the filing of this petition. HOU Amended Petition w/Tax Merge Page 5 Suit No. 2005-70421 ee ee __ IV All of the taxes were authorized by law and legally imposed in the county in which this suit is brought. The taxes were imposed in the amount(s) stated above on each separately described property for each year specified and on each person named, if known, who owned the property on January 1 of the year for which the tax was imposed. Plaintiff(s) now has and asserts a lien on each tract of real property and each item of personal property described herein to secure the payment of all taxes, penalties, interest and costs due. Pursuant to Rule 54 of the Texas Rules of Civil Procedure, Plaintiff(s) affirmatively avers that all things required by law to be done have been done properly by the appropriate officials and all conditions precedent have been met. V. All of the property described above was, at the time the taxes were assessed, located within the territorial boundaries of each taxing unit in whose behalf this suit is brought. All Defendants named in this suit either owned the property that is the subject of this suit on January 1 of the year in which taxes were imposed on said property, or owned or claimed an interest in or lien upon said property at the time of the filing of this suit. The value of any personal property that may be described above, and against which the tax lien is sought to be enforced, is in excess of FIVE HUNDRED AND NO/100 DOLLARS ($500.00). VI. The Law Firm represented by the attorney whose name is signed hereto is legally authorized and empowered to institute and prosecute this action on behalf of Plaintifi(s). Plaintiff(s) should recover attorney's fees as provided by law for the prosecution of this case, and such attorney's fees should be taxed as costs. Vil. Plaintiff(s) may have incurred certain expenses in the form of abstractor’s costs in procuring data and information as to the name, identity and location of necessary parties, and in procuring necessary legal descriptions of the property that is the subject of this suit. Said expenses, if incurred, are reasonable and are in the following amount: NONE. The abstractor's costs, if any be shown, should be taxed as costs herein. HOU Amended Petition w/Tax Merge Page 6 Suit No. 2005-70421 PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff(s) requests that citation be issued and served upon each Defendant named herein, commanding them to appear and answer herein in the time and manner required by law. Plaintiffs) further prays, upon final hearing in this cause, for foreclosure of its liens against the above-described property securing the total amount of all delinquent taxes, penalties and interest, including taxes, penalties and interest becoming delinquent during the pendency of this suit, costs of court, attorney's fees, abstract fees, and expenses of foreclosure sale. Plaintifi{s) further prays for personal judgment against Defendant(s) who owned the property on January 1 of the year for which the taxes were imposed for all taxes, penalties, interest, and costs that are due or will become due on the property, together with attorney's fees and abstractor's fees. Plaintiff{s) further prays for: (1) the appropriate order of sale requiring the foreclosed property to be sold, free and clear of any right, title or interest owned or held by any of the named Defendants, at public auction in the manner prescribed by law, and (2) writs of execution, directing the sheriffs and constables for the State of Texas, to search out, seize, and sell sufficient property of the Defendant(s) against whom personal judgment may be awarded to satisfy the lawful judgment sought herein. However, Plaintiff{s) do not pray for personal judgment against any defendant(s) identified in paragraph I as IN REM ONLY. Plaintiffs) pray for costs of court and for such other and further relief, at law or in equity, to which they may show themselves justly entitled. Respectfully submitted, LINEBARGER GOGGAN BLAIR & SAMPSON, LLP 1301 TRAVIS, SUITE 300 (77002) P O BOX 3064 HOUSTON, TX 77253-3064 (713) 844-3580, (713) 844-3502 - Fax Herbert (Trey) A. Stone III State Bar No. 24041980 Attorneys for Plaintiff{s) HOU Amended Petition w/Tax Merge Page 7 Suit No. 2005-70421 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy was mailed, faxed or hand-delivered to all opposing counsel and other parties listed below who have made an appearance in this suit pursuant to rule 21(a) T.R.C.P. on the day of MAR-t 520. Jan Rayburn PO Box 920883 Houston, TX 77292-0883 James S. Manteris, Jr. 1613 Barnard Way Bowling Green, KY 42103 Attorney Certifying sf HOU Amended Petition w/Tax Merge Page 8 Suit No. 2005-70421