9/21/2012
`
`
`
`CONFIRMEDFILEDATE:
`
`in
`
`FILED "’7
`Chris Danlel
`DIlotrlct Clark
`
`SUIT NO. 2012-54183
`
`Deputy
`
`St?
`
`012
`
`Time:Hm“.éi'4;Pm
`BV—SQK'LL
`
`HARRIS COUNTY MUNICIPAL UTILITY
`DISTRICT # 50, ET AL
`
`vs.
`
`LEELAND LEE GREEN, ET AL
`
`§
`
`§
`§
`§
`§
`
`IN THE DISTRICT COURT
`
`79” JUDICIAL DISTRICT
`
`HARRIS COUNTY, TEXAS
`
`ORIGINAL PETITION
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`PLAINTIFF1S1
`
`1.
`
`This suit is brought for the recovery of delinquent ad valorem taxes under TEX. TAX CODE §
`33.41 by the following named P1aintiff(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:
`
`HARRIS COUNTY MUNICIPAL UTILITY DISTRICT # 50, 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), HARRIS COUNTY EMERGENCY
`SERVICES DISTRICT # 80 and HARRIS COUNTY EMERGENCY SERVICES DISTRICT #
`
`05
`
`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:
`
`Leeland Lee Green, Unknown Address;
`
`Robert Green (In Rem Only), Unknown Address;
`
`Clarence Green (In Rem Only), Unknown Address;
`
`Carl Green (In Rem Only), Unknown Address;
`
`Wilma Faye Lightfoot (In Rem Only), ._1815 Bolivar St., Beaumont, TX 77701;
`Evelyn Culbertson DavenpOrt (In Rem Only), 3602 Cheaney Dr., Houston, TX 77066;
`
`Aretha Lakey (In Rem Only), 940 Saint Clair St., Houston, TX 77088;
`
`

`

`Owen Thomas Lakey (In Rem Only), 1057 Rev. B J Lewis Dr., Houston, TX 77088;
`
`Gail Lee Lakey, AKA Gail Lakey Henry (In Rem Only), 951 Junell St., Houston, TX 77088;
`
`Brenda Carissa Lakey (In Rem Only), 8414 Daycoach Ln., Houston, TX 77064;
`
`Rodney Lawrence Lakey (In Rem Only), whose mailing address is 9029 W Holly St., Phoenix,
`AZ 85037, and upon whom service may be obtained by serving the Texas Secretary of State,
`defendant's agent for service pursuant to Section 17.091, Tex. Civ. Prac. & Rem. Code, at
`Citations Unit, P.O. Box 12079, Austin, Texas 78711-2079.;
`
`Eric Joseph Lakey (In Rem Only), 955 Junell St., Houston, TX 77088;
`
`Carol Elaine Lakey (In Rem Only), 11012 Maidencane Ct., Houston, TX 77086;
`
`Aladrine Kay Lakey (In Rem Only), 7529 Emma Lou St., Houston, TX 77088;
`
`Janice Adele Lakey (In Rem Only), 3602 Cheaney Dr., Houston, TX 77066;
`
`Hattie Williams, AKA Hattie Williams Breashers AKA Hattie Maude Dickey (In Rem Only),
`
`Unknown Address;
`
`Dorothy Lee Green (In Rem Only), 3202 Cliffmarshall St., Houston, TX 77088;
`
`Sharon Elizabeth-Lee Lakey (In Rem Only), 7027 FM 78, #15107, San Antonio, TX 78244;
`
`Dana Lashelle-Lee Lakey (In Rem Only), 4813 Castle Brg., San Antonio, TX 78218;
`
`Desiree Pickaree (In Rem Only), 5402 Wisteria Brook Ln., Spring, TX 77379;
`
`Albert Atlee (In Rem Only), Unknown Address;
`
`Angie Mayo, AKA Angie Crump Mayo (In Rem Only), 5233 S 7th St., Abilene, TX 79605;
`
`Angela Livingston, AKA Angela Renee Livingston (In Rem Only), 7506 Emma Lou, Houston,
`TX 77088;
`
`Jennifer Fuller (In Rem Only), 7506 Emma Lou St., Houston, TX 77088;
`
`Barry Livingston (In Rem Only), 943 South Victory Dr., Houston, TX 77088;
`
`Monica Livingston (In Rem Only), 945 Ringold St., Houston, TX 77088;
`
`HOU New Petition Real Only
`
`Page 2
`
`,
`
`Suit No. 20l2-54183
`
`

`

`Avalon General Financial Services, LLC, A Delaware Limited Liability Company, FKA NOB
`LLC, (In Rem Only), upon whom service may be obtained by serving its Registered Agent, C T
`Corporation System at 350 N. Saint Paul St., #2900, Dallas, TX 75201;
`
`Bruce Lackey, AKA Bruce Wayne Lakey, Unknown Address
`
`if living, and if any or all of the above named Defendant(s) be deceased, the unknown heirs of each or
`all of the said above named deceased persons; and the unknown owner or owners of the following
`described property; and the executors, administrators, guardians, legal representatives, devisees or the
`above named persons; and any and all other persons, including adverse claimants, owning or having
`any legal or equitable interest or lien upon the below described property located in the county in which
`this suit is brought.
`
`If any party is shown at an unknown address, the Defendant(s) include 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.
`
`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: CROSBY INDEPENDENT SCHOOL DISTRICT. The
`foregoing named taxing unit(s), if any, is invited to add its claim by intervening herein.
`
`II.
`
`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, attomey’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.
`
`III.
`
`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 September, 2012:
`
`PROPERTY AND AMOUNTS OWED
`
`ACCT. NO. 0710870120009; The West 1/2 of Lot 6 in Block 12 of St. Charles Place, a
`subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 20,
`Page 60 of the Map Records of Harris County, Texas.The West 1/2 of Lot 6 in Block 12 of St.
`Charles Place, a subdivision in Harris County, Texas according to the map or plat thereof
`recorded in Volume 20, Page 60 of the Map Records of Harris County, Texas.
`
`HOU New Petition Real Only
`
`,Page 3
`
`Suit No. 2012-54183
`
`

`

`HARRIS COUNTY MUNICIPAL UTILITY DISTRICT # 50
`
`Tax Year(s)
`2005
`
`Tax Amount
`$103.20
`
`Penalties and Interest
`$.00
`
`Total Due
`$103.20
`
`2006
`
`2007
`
`2008
`
`2009
`
`2010
`
`2011
`
`'
`
`$100.07
`
`$139.73
`
`$129.74
`
`$119.77
`
`$109.79
`
`$99.80
`
`$802.10
`
`$.00
`
`$.00
`
`$.00
`
`$.00
`
`$.00
`
`$.00
`
`$.00
`
`$100.07
`
`$139.73
`
`$129.74
`
`$119.77
`
`$109.79
`
`$99.80
`
`$802.10
`
`TOTALS:
`
`HARRIS COUNTY
`
`Tax Year(s)
`1992
`
`Tax Amount
`$15.01
`
`Penalties and Interest
`$37.23
`
`Total Due
`$52.24
`
`1993
`
`1994
`
`1995
`
`1996
`
`1997
`
`1998
`
`$15.01
`
`$15.67
`
`$15.62
`
`$16.19
`
`$16.20
`
`$16.20
`
`$35.43
`
`$42.72
`
`$40.43
`
`$39.67
`
`$37.44
`
`$35.21
`
`$50.44
`
`$58.39
`
`$56.05
`
`$55.86
`
`$53.64
`
`$51.41
`
`$49.18
`
`1999
`
`2000
`
`2001
`
`2002
`
`2003
`
`2004
`
`2005
`
`2006
`
`2007
`
`2008
`
`2009
`
`2010
`2011
`
`$16.20
`
`$16.21
`
`$16.17
`
`$16.16
`
`$26.50
`
`$26.50
`
`$26.49
`
`$26.50
`
`$39.34
`
`$39.35
`
`$39.35
`
`$39.39
`$39.40
`
`$32.98
`
`$30.76
`
`$30.39
`
`$28.04
`
`$42.18
`
`$38.37
`
`$34.54
`
`$30.73
`
`$39.99
`
`$34.32
`
`$28.64
`
`$23.01
`$17.34
`
`$46.97
`
`$46.56
`
`$44.20
`
`$68.68
`
`$64.87
`
`$61.03
`
`$57.23
`
`$79.33
`
`$73.67
`
`$67.99
`
`$62.40
`$56.74 _
`
`TOTALS:
`
`$477.46
`
`$679.42
`
`$1,156.88
`
`HARRIS COUNTY EMERGENCY SERVICES DISTRICT # 05
`
`Tax Year(s)
`1994
`
`1995
`
`HOU New Petition Real Only
`
`,
`
`Tax Amount
`$.75
`
`Penalties and Interest
`$1.68
`
`$.75
`
`Page 4
`
`$1.59
`
`Total Due
`$2.43
`
`$2.34
`
`Suit No. 2012—54183
`
`

`

`1996
`
`1997
`
`1998
`
`1999
`
`2000
`
`2001
`
`2002
`
`2003
`
`2004
`
`2005
`
`2006
`2007
`
`2008
`
`2009
`
`2010
`
`2011
`
`$.75
`
`$.75
`
`$.75
`
`$.75
`
`$.75
`
`$.75
`
`$.75
`
`$1.23
`
`$1.23
`
`$1.23
`
`$1.23
`$1.86
`
`$1.86
`
`$1.81
`
`$1.79
`
`$1.79
`
`$1.84
`
`$1.73
`
`$1.63
`
`$1.53
`
`$1.42
`
`$1.32
`
`$1.30
`
`$1.96
`
`$1.78
`
`$1.60
`
`$1.42
`$1.88
`
`$1.62
`
`$1.32
`
`$1.04
`
`$.79
`
`$2.59
`
`$2.48
`
`$2.38
`
`$2.28
`
`$2.17
`
`$2.07
`
`$2.05
`
`$3.19
`
`$3.01
`
`$2.83
`
`$2.65
`$3.74
`
`$3.48
`
`$3.13
`
`$2.83
`
`$2.58
`
`TOTALS:
`
`$20.78
`
`$27.45
`
`$48.23
`
`HARRIS COUNTY EMERGENCY SERVICES DISTRICT # 80
`
`Total Due
`$3.97
`
`Tax Year(s)
`1998
`
`Tax Amount
`$1.25
`
`Penalties and Interest
`$2.72
`
`1999
`
`2000
`
`2001
`
`2002
`
`2003
`
`2004
`
`2005
`
`2006
`
`2007
`
`2008
`
`2009
`
`2010
`
`2011
`
`$1.25
`
`$1.25
`
`$1.25
`
`$1.25
`
`$2.05
`
`$2.05
`
`$2.05
`
`$1.97
`
`$2.89
`
`$2.71
`
`$2.69
`
`$2.66
`
`$2.74
`
`$2.55
`
`$2.37
`
`$2.20
`
`$2.17
`
`$3.27
`
`$2.97
`
`$2.68
`
`$2.29
`
`$2.94
`
`$2.37
`
`$1.95
`
`$1.55
`
`$1.21
`
`$3.80
`
`$3.62
`
`$3.45
`
`$3.42
`
`$5.32
`
`$5.02
`
`$4.73
`
`$4.26
`
`$5.83
`
`$5.08
`
`$4.64
`
`$4.21
`
`$3.95
`
`TOTALS:
`
`TOTAL DUE
`
`$28.06
`
`$33.24
`
`$61.30
`
`$2,068.51
`
`interest, and attorney’s fees (if any), for which
`The total aggregate amount of taxes, penalties,
`P1aintiff(s) sues is $2,068.51, subject to additional taxes, penalties, interest, and attorney’s fees that
`accrue subsequent to the filing of this petition.
`
`HOU New Petition Real Only
`
`Page 5
`
`Suit No. 2012-54183
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`

`

`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 Plaintiff(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.
`
`VII.
`
`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: $550.00. The abstractor's costs, if any be shown,
`should be taxed as costs herein.
`
`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. Plaintiff(s) 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. Plaintiff(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: (l) 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
`
`HOU New Petition Real Only
`
`Page 6
`
`Suit No. 2012-54183
`
`

`

`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. Finally, P1aintiff(s) prays for
`such other and timber relief, at law or in equity, to which it may show itself justly entitled. However,
`P1aintiff(s) do not pray for personal judgment against any defendant(s) identified in paragraph I as IN
`REM ONLY. P1aintiff(s) 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
`1300 Main
`
`Suite 300 (77002)
`PO. Box 3064
`
`HOUSTON, TX 77253-3064
`(713) 844-3580, (713) 844-3502 - Fax
`
`Herbert “Trey” A. Stone, 111
`State Bar No. 24041980
`
`Attorney for P1aintiff(s)
`
`HOU New Petition Real Only
`
`Page 7
`
`Suit No. 2012-54183
`
`