Preview
FILED
3/16/2023 10:47 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-23-00850
IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT 0F
CONCERNING §
§
728 Snapdragon Lane, DeSoto, Texas § DALLAS COUNTY, TEXAS
75115 §
é
UNDER TEX. R. CIV. PROC. 736 68TH JUDICIAL DISTRICT
§
AND GLADYS VANESSA
FERNANDEZ-CANCEL
MOTION FOR SUBSTITUTED SERVICE
TO THE HONORABLE JUDGE OF SAID COURT:
Summer Meadow (DeSOTO) Homeowners' Association, Inc., Petitioner herein, moves
the Court to order service of process on Gladys Vanessa Fernandez-Cancel and Occupant,
Respondents, pursuant to Rule 106 of the Texas Rules of Civil Procedure, and in support thereof
shows:
I.
As stated in the Affidavit of Anita Skillern, a copy of which is attached hereto as
numerous attempts were made to personally serve Respondents, Gladys Vanessa
Fernandez-Cancel and Occupant at their primary residence, 728 Snapdragon Lane, DeSoto,
Texas 75115, as set forth therein. These attempts have been unsuccessful.
Therefore, Petitioner requests that the Court order substituted service of process upon
Gladys Vanessa Fernandez-Cancel and Occupant in a manner that will be reasonably effective to
give Respondents notice of this suit, by leaving a true copy of such order attached to and
included with the Citation and Application for Foreclosure with anyone of suitable age, OR,
affixing to the structure at 728 Snapdragon Lane, DeSoto, Texas 75115.
MOTION FOR SUBSTITUTED SERVICE Page 1 of 2
Respectfillly submitted,
RIDDLE & WILLIAMS, P.C.
By: Am/
R. Reed
Sa 0eBar No. 24043887
3811 Turtle Creek Blvd, Ste 500
Dallas, Texas 75219
Telephone: (214) 760-6766
Facsimile: (214) 521-4246
jreed@riddleandwilliams.com
ATTORNEYS FOR PLAINTIFF
MOTION FOR SUBSTITUTED SERVICE Page 2 of 2
EXHIBIT "A"
Affidavit in Smart of Motion for Substitute Service
State of Texas County of Dallas 68th District Court
Case Number: DC-23-00850
Plaintiff: In Re: Order for Foreclosure Concerning 728 Snapdragon
Lane, DeSoto, Texas 75115 Under Tex. R. Civ. Proc. 736 and Gladys
Vanessa Fernandez-Cancel
vs.
Defendant:
Received by Certified Corp. & Process Services LLC on the 30th day of January, 2023 at 3:43 pm to be
served on Any And All Occupants, 728 Snapdragon Lane, DeSoto, Dallas County, TX 75115.
l, Anita Skillern, being duly sworn, depose and say that l:
deemed impractical to personally deliver the Citation with Ap Iication For Foreclosure Under Tex. R.
it
Civ. Proc. 736; Exhibits to the named defendant Any And All ccupants in the above numbered and
styled cause. have attempted to make personal delivery to the defendant at his/her place of abode,
|
which was established personally in my efforts.
|
firmly believe the defendant can and will be given notice of these proceedings by posting to the front door
or by delivering to someone over the age of 16 years of age at the defendant usual place of abode.
Additional information pertaining to this Service:
2/7/2023 11:22 am Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, No answer at the front
door. l left my business card on the front door asking the defendant to please call me.
2/10/2023 2:15 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, GOOD HOME
ADDRESS PER VEHICLE PARKED AT THE RESIDENCE IT lS REGISTERED TO THE DEFENDANT. No .
answer at the front door. left my business card on the front door asking the defendant to please call me.,
I
2/11/2023 12:20 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115. GOOD HOME
ADDRESS PER VEHICLE PARKED AT THE RESIDENCE. IT IS REGISTERED TO THE DEFENDANT. No
answer at the front door. I left my business card on the front door asking the defendant to please call me.
2/14/2023 6:13 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, No answer at the front
door. l left my business card on the front door asking the defendant to please call me.
2/24/2023 3:07 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, No answer at the front
door. I left my business card on the front door asking the defendant to please call me.
lam over the age of 18; and l am not a party to nor interested in the outcome of the above styled and
and I declare under penalty of perjury that the foregoing is true and correct to the best of
my know esuit;
numbere'd ge.
r
Before me, a notary public on this day personally
,
appeared the above named person, known to me to Anita Skillern
JfiJ
be the person whose name is subscribed to the PSC 1133 Exp. Date 07/31/2024
foregoing document and, being by me first duly
sworn, declared that the statements therein Certified Corp. & Process Services LLC
contained are within his/her personal knowledge and P.O. Box 496448
experience to be true and correct. given under my Garland, TX 75049
hand and seal of office on the 24th day of February, (972) 279-6100
2023
Our Job Serial Number: LGD-2023000444
a
e,
M
OTARY PUBLIC
Ref: Summer Meadow(DeSoto) Homeowners Assoc.
PATRICIABETH BURHAM
0*“
21"?“6‘;
My Notary not; 130632243
Expires Apr" 22’ 2024
.
Copyri -
t© 1992-2023 DreamBuilt Software,
_
Inc. - Process Servers Toolbox V8.2n
Affidavit in Suggort of Motion for Substitute Service
State of Texas County of Dallas 68th District Court
Case Number: DC-23-00850
Plaintiff: ln Re: Order for Foreclosure Concerning 728 Snapdragon
Lane, DeSoto, Texas 75115 Under Tex. R. Civ. Proc. 736 and Gladys
Vanessa Fernandez-Cancel
vs.
Defendant:
Received by Certified Corp. & Process Services LLC on the 30th day of January. 2023 at 3:43 pm to be
served on Gladys Vanessa Fernandez-Cancel, 728 Snapdragon Lane, DeSoto, Dallas County, TX
75115.
l, Anita Skillern, being duly sworn, depose and say that l:
deemed impractical to personally deliver the Citation with Application For Foreclosure Under Tex. R.
it
Civ. Proc. 736; Exhibits to the named defendant Gladys Vanessa Fernandez-Cancel in the above
numbered and styled cause. have attempted to make personal delivery to the defendant at his/her place
|
of abode, which was established personally in my efforts.
l firmly believe the defendant can and will be
given notice of these proceedings by posting to the front door
or by delivering to someone over the age of 16 years of age at the defendant usual place of abode.
Additional information pertaining to this Service:
2/10/2023 2:15 pm Attempted service at 728 Snapdragon Lane. DeSoto, TX 75115, GOOD HOME
ADDRESS PER VEHICLE PARKED AT THE RESIDENCE IT IS REGISTERED TO THE DEFENDANT.No .
answer at the front door. left my business card on the front door asking the defendant to please call me.,
|
2/11/2023 12:20 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, GOOD HOME
ADDRESS PER VEHICLE PARKED AT THE RESIDENCE WITH LICENSE PLATE NUMBER 1FXR9845. IT
IS REGISTERED TO THE DEFENDANT. No answer at the front door. left my business card on the front |
door asking the defendant to please call me.,
2/14/2023 6:13 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, No answer at the front
door. left my business card on the front door asking the defendant to please call me.
I
2/24/2023 3:07 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, No answer at the front
door. left my business card on the front door asking the defendant to please call me.
I
Prior to leaving the residence, a black vehicle approached and sped away with license plate number FXR
9845. which is registered to the Defendant.
Iam over the age of 18; and l am not a party to nor interested in the outcome of the above styled and
and l declare under penalty of perjury that the foregoing is true and correct to the best of
my now eSuit;
nurrli(berel
Preview
FILED 3/16/2023 10:47 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-23-00850 IN RE: ORDER FOR FORECLOSURE § IN THE DISTRICT COURT 0F CONCERNING § § 728 Snapdragon Lane, DeSoto, Texas § DALLAS COUNTY, TEXAS 75115 § é UNDER TEX. R. CIV. PROC. 736 68TH JUDICIAL DISTRICT § AND GLADYS VANESSA FERNANDEZ-CANCEL MOTION FOR SUBSTITUTED SERVICE TO THE HONORABLE JUDGE OF SAID COURT: Summer Meadow (DeSOTO) Homeowners' Association, Inc., Petitioner herein, moves the Court to order service of process on Gladys Vanessa Fernandez-Cancel and Occupant, Respondents, pursuant to Rule 106 of the Texas Rules of Civil Procedure, and in support thereof shows: I. As stated in the Affidavit of Anita Skillern, a copy of which is attached hereto as numerous attempts were made to personally serve Respondents, Gladys Vanessa Fernandez-Cancel and Occupant at their primary residence, 728 Snapdragon Lane, DeSoto, Texas 75115, as set forth therein. These attempts have been unsuccessful. Therefore, Petitioner requests that the Court order substituted service of process upon Gladys Vanessa Fernandez-Cancel and Occupant in a manner that will be reasonably effective to give Respondents notice of this suit, by leaving a true copy of such order attached to and included with the Citation and Application for Foreclosure with anyone of suitable age, OR, affixing to the structure at 728 Snapdragon Lane, DeSoto, Texas 75115. MOTION FOR SUBSTITUTED SERVICE Page 1 of 2 Respectfillly submitted, RIDDLE & WILLIAMS, P.C. By: Am/ R. Reed Sa 0eBar No. 24043887 3811 Turtle Creek Blvd, Ste 500 Dallas, Texas 75219 Telephone: (214) 760-6766 Facsimile: (214) 521-4246 jreed@riddleandwilliams.com ATTORNEYS FOR PLAINTIFF MOTION FOR SUBSTITUTED SERVICE Page 2 of 2 EXHIBIT "A" Affidavit in Smart of Motion for Substitute Service State of Texas County of Dallas 68th District Court Case Number: DC-23-00850 Plaintiff: In Re: Order for Foreclosure Concerning 728 Snapdragon Lane, DeSoto, Texas 75115 Under Tex. R. Civ. Proc. 736 and Gladys Vanessa Fernandez-Cancel vs. Defendant: Received by Certified Corp. & Process Services LLC on the 30th day of January, 2023 at 3:43 pm to be served on Any And All Occupants, 728 Snapdragon Lane, DeSoto, Dallas County, TX 75115. l, Anita Skillern, being duly sworn, depose and say that l: deemed impractical to personally deliver the Citation with Ap Iication For Foreclosure Under Tex. R. it Civ. Proc. 736; Exhibits to the named defendant Any And All ccupants in the above numbered and styled cause. have attempted to make personal delivery to the defendant at his/her place of abode, | which was established personally in my efforts. | firmly believe the defendant can and will be given notice of these proceedings by posting to the front door or by delivering to someone over the age of 16 years of age at the defendant usual place of abode. Additional information pertaining to this Service: 2/7/2023 11:22 am Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, No answer at the front door. l left my business card on the front door asking the defendant to please call me. 2/10/2023 2:15 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, GOOD HOME ADDRESS PER VEHICLE PARKED AT THE RESIDENCE IT lS REGISTERED TO THE DEFENDANT. No . answer at the front door. left my business card on the front door asking the defendant to please call me., I 2/11/2023 12:20 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115. GOOD HOME ADDRESS PER VEHICLE PARKED AT THE RESIDENCE. IT IS REGISTERED TO THE DEFENDANT. No answer at the front door. I left my business card on the front door asking the defendant to please call me. 2/14/2023 6:13 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, No answer at the front door. l left my business card on the front door asking the defendant to please call me. 2/24/2023 3:07 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, No answer at the front door. I left my business card on the front door asking the defendant to please call me. lam over the age of 18; and l am not a party to nor interested in the outcome of the above styled and and I declare under penalty of perjury that the foregoing is true and correct to the best of my know esuit; numbere'd ge. r Before me, a notary public on this day personally , appeared the above named person, known to me to Anita Skillern JfiJ be the person whose name is subscribed to the PSC 1133 Exp. Date 07/31/2024 foregoing document and, being by me first duly sworn, declared that the statements therein Certified Corp. & Process Services LLC contained are within his/her personal knowledge and P.O. Box 496448 experience to be true and correct. given under my Garland, TX 75049 hand and seal of office on the 24th day of February, (972) 279-6100 2023 Our Job Serial Number: LGD-2023000444 a e, M OTARY PUBLIC Ref: Summer Meadow(DeSoto) Homeowners Assoc. PATRICIABETH BURHAM 0*“ 21"?“6‘; My Notary not; 130632243 Expires Apr" 22’ 2024 . Copyri - t© 1992-2023 DreamBuilt Software, _ Inc. - Process Servers Toolbox V8.2n Affidavit in Suggort of Motion for Substitute Service State of Texas County of Dallas 68th District Court Case Number: DC-23-00850 Plaintiff: ln Re: Order for Foreclosure Concerning 728 Snapdragon Lane, DeSoto, Texas 75115 Under Tex. R. Civ. Proc. 736 and Gladys Vanessa Fernandez-Cancel vs. Defendant: Received by Certified Corp. & Process Services LLC on the 30th day of January. 2023 at 3:43 pm to be served on Gladys Vanessa Fernandez-Cancel, 728 Snapdragon Lane, DeSoto, Dallas County, TX 75115. l, Anita Skillern, being duly sworn, depose and say that l: deemed impractical to personally deliver the Citation with Application For Foreclosure Under Tex. R. it Civ. Proc. 736; Exhibits to the named defendant Gladys Vanessa Fernandez-Cancel in the above numbered and styled cause. have attempted to make personal delivery to the defendant at his/her place | of abode, which was established personally in my efforts. l firmly believe the defendant can and will be given notice of these proceedings by posting to the front door or by delivering to someone over the age of 16 years of age at the defendant usual place of abode. Additional information pertaining to this Service: 2/10/2023 2:15 pm Attempted service at 728 Snapdragon Lane. DeSoto, TX 75115, GOOD HOME ADDRESS PER VEHICLE PARKED AT THE RESIDENCE IT IS REGISTERED TO THE DEFENDANT.No . answer at the front door. left my business card on the front door asking the defendant to please call me., | 2/11/2023 12:20 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, GOOD HOME ADDRESS PER VEHICLE PARKED AT THE RESIDENCE WITH LICENSE PLATE NUMBER 1FXR9845. IT IS REGISTERED TO THE DEFENDANT. No answer at the front door. left my business card on the front | door asking the defendant to please call me., 2/14/2023 6:13 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, No answer at the front door. left my business card on the front door asking the defendant to please call me. I 2/24/2023 3:07 pm Attempted service at 728 Snapdragon Lane, DeSoto, TX 75115, No answer at the front door. left my business card on the front door asking the defendant to please call me. I Prior to leaving the residence, a black vehicle approached and sped away with license plate number FXR 9845. which is registered to the Defendant. Iam over the age of 18; and l am not a party to nor interested in the outcome of the above styled and and l declare under penalty of perjury that the foregoing is true and correct to the best of my now eSuit; nurrli(berel