EXHIBIT 3 .wu-r inn-.. 5/5/2014 2:34:10 PM Chris Daniel - District Clerk Harris County Envelope No. 1171817 . By BEVERLY CHEVALIER CAUSE rio. 2014-21625 MASJID, ATEXAS . COURT TRUST - Plaintiff - HARRIS COUNTY, TEXAS v. ULLAH, $1 AL-MADINA, INC., . JULIO CESAR CASTILLO 165th JUDIC ISTRICT TO THE HONORABLE JUDGE OF SAID COURT: 7 Plaintiffs ABDUL HYE, WAZI ULLAH and @m HYE, Trustees of Medina Masjid, a Texas Trust (?Trust?), ?le this Original Fe 'and Request of Declaratory Judgment, (?Petition?) against Defendants Latif Ullah (?011$ Al-Madina Inc. (?Al-Madina?) and Julio Cesar Castillo (?Castillo?). i l. DISC CONTROL PLAN 1.1 Plaintiffs intends to under Tex. R. Civ. P. 190.3 (Level 2). 2.1 Plamufs Abdul Ullah and Hanzala Hye are Trustess of Madma Maspd, a Texas trust organized> the laws of the State of Texas, with its principal place of business in Harris County, 2.2 Def?cha?f Ullah is an individual. He may be served at his principal address 12819 Westheimer, Houston, Texas 77077. 7 A 2.3 Defendant Al?Madina Inc. is a corporation duly incorporated under the laws of the State of Texas, and may be served bylserving it?s registered agent Mohammed Niazi at 14825 Willis Street, Houston, Texas 7703 9. - - . ?h 2.4 Defendant Castillo is an individual-Iii may be served at his principal place of business 6060 Bellaire Blvd. Suite D, Bellaire, Texas 77081 3. JURISDICTION AND VENUE 3.1 This Court has jurisdiction over this action by virtue of the relief sought herein, and because the amount in controversy exceeds the minimum jurisdictional re ments of the Court The Court has personal jurisdiction over Latif Ullah because hes in Texas. The Comt has jurisdiction over Al-Madina Inc. as it is a corporation @ed in and conducting business in the State of Texas. 7 3.2 Venue is proper in Hanis County, Texas pursuantot . Civ. Prac. Rem. ??15.001 (1) and 15.002 as Harris County is the county?\which all or substantially all of the events or omissions giving rise to the claim occurrg 4. $15 4.1 Madina Masjid is a Texas trust @ning and operating a prayer hall or ?masji at' 6510/6540/ 6550 Tamef, Honeton, unty Texas on real property consisting of 3.85 acres of land (?Property?). Madina crates solely on the donations of it?s members and donors and has no alternate source of?$g primarily individuals. 4.2 On the dates of has alleged herein, the trust was controlled by a Board of Trustees comprised of four ?duals, _Wazi Ullah (?Wazi), Hanzala Hye (?Hanzala?), Abdul Hye andLa' \ah, defendantinthismatter. 4.3 OneEbout April 1, 2014 it came to the attention of three trustees, Wazi, Hanzala and Hye that there had been a sale of the Trust Property. Neither the three Trustees nor the Board of Trustees authorized the sale of Trust Property. Upon inquiry to their attorney, Samuel D. Bernstein, the three Trustees discovered that Defendant Ullah had consummated a transaction for an, ?amtwu-?a- - . r. v. "mm, -- the sale of Trust Ptoperty to Defendant Al-Mdhina using forged signatures of Hye, Hanzala and 9?!me rat-rm, Mr-r' Wazi to deed the Property to Al-Madina Ullah, individually and as agent and attomey-in-fact for all members of the Board of Trustees of Madina Masjid, executed a Special Warranty Deed with Vendor?s Lien on behalf of Madina Masjidl a Texas Charitable Trust (Exhibit Ullah conducted the sale With three trustees? forged signatures on powers of attomwxh and and other documents (Exh. The documents were prepared?s attorney Samuel Bernstein. The sale of the Trust Property was consu?ed using the forged signatures of Trustee Wazi?, Trustee Hanzala and Trustee Hye. - god powers of attorney did not authorize'Ullah a speci?c power to sell any Property orocgect funds from ?Al-Madina in his individual capacity. . 4.4 Defendant Castillo is a notary public in the 0% of Texas, notarized the Trustees? forged signatures on the powers of attorney as be? entic. The signatures on those powers of attorney are forgeries. 63% 4.5 The Trust has received no from the sale of the Property. Any and all alleged payments for the sale were recei Ullah and retained by him. These acts by Defendants have placed a cloud on title perty. 5. CAUSES OF ACTION Fraud 6% i gag - I 5.1 Plain?QQ-allege and incorporate byreference each of the allegations contained in the preceding paragraphs of this petition as though set forth herein. 5.2 Defendants have engaged in a course of conduct against Madina in order to deprive it of its rightfully owned Property using forged documents. Ullah failed to obtain consent from the remaining trustees of the sale of the Property, consummated the sale by providing and recording ?aura ?gar-9.41m: vamp-19w a special warranty deed using af?davits on v5hich the Trustees? signatures were forged. Ullah converted all funds received from the sale for his personal bene?t. 5.3 Under the constructive ?aud doctrine, any and all discretionary actions Ullah took which directly or indirectly bene?ted him, the transaction is presumed fraudulent. 5.4 Defendant Al?Madina, aware the Property was owned by Maw Texas trust, purchased the property, with forged documentation. 629 5.5 An attorney representing Plainti??s, Samuel Bernstein, failed duct due diligenceor verifying the authenticity of various documents and signatures @nsumma?ng the sale of the Property absent proper board resolutions, all to the detriment of the Trust. 5.6 Defendant Castillo, a State of Texas licensed??ry public, attested to the forged signatures on the subject documents (Exhs. and thus actively conspired with Ullah to create forged documents to effec <35 fraudulent sale of the Property, all to the detriment and damage of Plaintiff. .Breach of Fiducia Du FY tY $9 5.7 Plainti??s re-allege and in@orate by reference each of the allegations contained in the preceding paragraphs of this @n as though fully set forth herein. 5.8 Ullah had a 00$ law and statutory ?duciary to Madina Masjid as a member of the Board of the Madina Masjid Trust. Texas Trust Code Sec. 5.9 Ullah ed his ?duciary duties as trustee on the Board of Trustees of Madina Masjid when he co enced actions culminating with the ?audulen sale of Trust Property forged documents to Al-Madina. Ullah further breached his ?duciary duties when he converted any funds received to his personal control and bene?t 5.10 .U'llah?s actions proximately caused damages to Plaintiff and resulted in bene?t to Ullah, wens-e not? uw .. Civil Conspiracy 5.11 Plaintiffs re-allege and incorporate by reference each of the allegations contained in the preceding paragraphs of this petition as though fully set forth herein. 5.12 Defendants Latif Ullah and Castillo acted together to unlawfully depri Trust of Trust Property by forged documents and making payment to personally. 5.13 Defendants agreed and acted in concert to achieve the object plan i.e. to gain K9 control of the Trust Property; 5.14 To accomplish the object of their plan, the Defmm@gw and attested to forged signatures onhvarious legal documents and made illicit $nts to various individuals; 5.15 As a proximate result of the Defendants actions, Plaintiffs allege on behalf of suffer monetary damages; 6. REQUEST F06ECLARATORY JUDGMENT the Trustthatthe Trusthassu??eredandcon 6.1 Plaintiffs re-allege and inco mug} by reference each of the allegations contained in the preceding paragraphs of this .peti though fully set forth herein. 6.2 Pursuant to the prowof the Texas Uniform Declaratory Judgments Act codi?ed in TEX. CIV. PRAC. RKQODE sections 37.003, 37.004, 37.005 and 37.009 Plaintiffs request that this Comt @?q?ollowing declarations for the purpose of declaring the rights, status and legal relations 6 parties and title to the Trust Property as follows: a. chat the Powers of Attorney attached herein as exhibits and are forgeriesg? I b. that the Special Warranty Deed attached herein as exhibit is a fraudulent deed as a matter oflaw; .. .. '??r?mtug-rtn?wmv r- c. that Defendant Ullall did riot have the authority to convey Trust Property to Al?Madina; d. that the Property is and always has been an asset of the Medina Trust; e. that title in the Property is and has been rightfully held in the name of Madina Trust; . f. that Defendant Latif Ullah has breached his ?duciary to the Trust and has committed acts which would bar him from holdings<@ ition as trustee. 7. DAMAGES 0&9 7.1 Plain??'sincorporates the preceding Petition paragrapw if fully set forth herein. 7.2 As a result of Defendants? actions, Plainti??s algae Trust has been damaged in an amount far in excess of the minimum jurisdictiots of this Court. Accordingly, Plain?dff requests all actual damages resulting from Ximately caused by Defendants actions as described in this Petition for the bene?t of @il?rust. 8. DAMAGES . 8.1 Plaintiffs incorporates the Petition paragraphs as if fully set forth herein. 8.2 Defendants conduct @dulent, wilful and malicious. Therefore, Plaintiffs seek and allege the Trust is entiigdlq exemplary damages as a result of Defendants? tortuous and fraudulent conduct .?ged herein. 9. FEES 9.1 Pl ?Qincorporates the preceding Petition paragraphs as if fully set forth herein. 9.2 Despite notice, Defendants did not cease their aetivities or re-deed the Property by corrective deed to Plainti?s and have deprived Plaintiffs access to the Trust Premises. Therefore, Plainti?s, which rely primarily on donations from individuals, has engaged and .1. 1 -. nag-gr; - agreed to pay reasonable attorneys fees to pilosecute this suit, and seek recovery of those costs and expenses. 9.3 Plainti?s for the Trust have had to retain counsel to obtain a declaration of the status of title to the Pr0perty from this Court. Therefore, pursuant to TEX. CIV. PRAC. REM. CODE 37.009 Plaintiffs an award of reasonable and necessary costs mwmeys? fees stemming from it?s employment of counsel, including all fees necessary mgglent of an appeal of this cause to the Court of Appeals and the Supreme Court of as the Court deems equitable and just. 10. REQUEST FOR 10.1 Pursuant to Texas Rule of Civil Procedure l?lainti??s requests that Defendant disclose within ?fty (50) days of service of this reqp% information and material described in Rule 194.2. QQ Plaintiffs pray that after a tri proceedings the Court grant the Trust be granted title to the Property in the ?lm judgment, the Court enter the delcarations of judgment requested by Plaintiffs that Masjid Trust is the rightful owner of the Property, that Latif Ullah is removed of Madina Masjid, the Court ?nd Defendants fraud, breached their ?d @uties and conspired to defraud the Trust and award all attorneys? fees and costs and @nses incurred by Plaintiffs in this matter and to such other relief to which angle Trust may be entitled. . auav "Mu-m: 94'1" I Respect?rlly submitted, HJRD, CHU LAWJI RC) Man Abel Manji . Texas Bar @8620 12603 SW way, Suite 688 Sta??org, as 77477 Tel: 2 65-4603 Fax: ?565-4625 0 ORNEYS FOR PLAINTIFF INA MASJID, A Texas Trust KC) CER TE OF SERVICE I hereby certify that on this%?& day of Max 2014, a true and correct copy of the foregoing document has bagged on all counsel/parties pursuant to the Texas Rule of Civil Procedure 21a. Service %n ?on has not been effecmated, however, upon information that Mr. Tony Hale will app behalf of Al?Madina, Inc., Plain?? serves this document to Mr. Hale in anticipation o?pearance. q? a Abel Manji QQ