Preview
Filed
11/16/2020 4:10 PM
Beverley McGrew Walker
District Clerk
CAUSE NO. 20-DCV-278179 Fort Bend County, Texas
Sabrina Schiro
§ IN THE DISTRICT COURT
AMERICAN EXPRESS NATIONAL BANK §
Plaintiff, §
VS § 400TH JUDICIAL DISTRICT
JAMES EPHRAIM
§
Defendant. § FORT BEND COUNTY, TEXAS
PLAINTIFF'S MOTION FOR SUBSTITUTE SERVICE
Plaintiff, AMERICAN EXPRESS NATIONAL BANK, asks the court to authorize substitute service
pursuant to Tex R. Civ. Proc. 106(b)/501.2 as to JAMES EPHRAIM ("Defendant") and would show unto
the Court as follows
1 Defendants address ‘s Ia
2. Plaintiff has attempted but failed to personally serve JAMES EPHRAIM ("Defendant") at
the last known usual place of abode on three or more separate occasions. These service
attempts and the facts appurtenant thereto are set forth in Exhibit 1 which is attached
hereto and is incorporated herein by reference for all purposes.
It further appears to the Court that the manner of service ordered herein will be reasonably effective to
give said defendant notice of the lawsuit.
3 Plaintiff asks the court to authorize to Plaintiff to serve Defendant by any one of the
following methods
a. By Delivering a true copy of the CITATION and PETITION and Order
authorizing substi tachi ith anvone more than six! 7 (16)
years of age at OR,
By Attaching a true copy of the CITATION and PETITION and Order
a
it door or entry way at
and ——— roperty a
is
e gi ate Ch
Plaintiff asserts
. to Court that the manner of service orderd herein will be reasonably
effective to give said Defendant notice of the lawsuit.
5 Plaintiff attaches the Affidavit of Plaintiff's process server to this motion to establish facts
not apparent from the record and incorporates same by reference.
WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that the motion for substitute
service is Granted.
Court Stamp Here
DECLARATION IN SUPPORT OF REQUEST
FOR ALTERNATIVE SERVICE RULE 106
Notice: This document contains sensitive data
Court
District Court
400th Judicial District
Fort Bend County, Texas
Plaintiff Cause #
AMERICAN EXPRESS NATIONAL BANK
20-DCV-278179
Defendant(s) Came to Hand Date/Time
JAMES EPHRAIM
11/06/2020 2:45 PM
Reason Unable to Serve Non-Service Date/Time
null
11/12/2020 10:49 AM
Documents Service Fee:
CITATION; PETITION
$69.50
lam authorized to serve citations under Texas Rule of Civil Procedure 103.
| have attempted to make personal service on Defendant, JAMES EPHRAIM, under Rule 106 (a)(a) at:
es a which is the Place where Defendant can
probably be found.
| made sufficient investigation of the premises to believe that the failure to personally serve the CITATION and
PETITION is that the Defendant was unavailable or is evading service.
| attempted to serve Defendant on the following dates and times:
Friday, 11/6/2020 7:15 PM: Per RESIDENT, Jane Doe; subject resides but not available at this time. She stated
he won’t be back for a few weeks. | left my contact info. No vehicles observed in driveway.
Saturday, 11/7/2020 12:23 PM: Per resident of African descent woman(35-45)subject resides but not available
at this time No vehicles in driveway.
Tuesday, 11/10/2020 6:34 PM: No answer at door. No vehicles in driveway. There is movement in the home.
Thursday, 11/12/2020 10:49 AM: Per RESIDENT; african american woman with black hair, had an accent
(small gap at front two teeth) age 35-45 approx. 5’'10” subject resides but not available at this time. Neighbors
are home and acknowledged me through the window however they would not open the door or speak to me.
It is my opinion that it is impracticable to continue endeavoring to serve process on Defendant in person and that
additional attempts would be unsuccessful.
Ref 5752428 Tracking # 0060388468
be: l WAI
0059744249 eabclegal Zwicker
& Associates, P. il
zwicker_TX@abclegal.com
6. ABC Legal Services' internal Investigations Team conducted a skip trace on the Defendant. Information
provided to me by ABC Legal Services included the following:
a) The above address appears on an SSN trace for the Defendant between 04/01/1995 and 10/01/2020.
b) DMV vehicle registration records obtained from a third party data source indicate the defendant has a current
vehicle registered at the above address.
a
Fort Bend County Assessor records list the defendant as the current owner of the real property located at i
The defendant claims the homestead exemption at this address.
| believe the most effective way to give Defendant actual proper notice of the lawsuit is to serve the CITATION and
PETITION by:
a) Delivering the CITATION and PETITION to anyone over sixteen years of age at the above address, and then by
mailing a copy via first class mail or,
b) Affixing the CITATION and PETITION to the front door at the above address, and then by mailing a copy via first
class mail.
My name is: Ki ristal Macat. - date of birth is
My address is:
My process server identification # is: PSC-18801. My Certification expires: 8/31/2022.
Per U.S. Code § 1746, | declare under penalty of perjury under the laws of the United States of America that the foregoing is true and
correct.
YxA WK 11/12/2020
Kristal Macat Date Executed
Ref 5752428 Tracking # 0060388468
be: l WAI
0059744249 eabclegal Zwicker
& Associates, P. il
zwicker_TX@abclegal.com
Exhibits
Defendant:
Address: a
ee)
CBC Innovis Search Results
Business First Last
Address Indicator Reported Reported
12025 RICHMOND AVE APT 11309, HOUSTON, TX 77082-2496 02/21/2008
a
a 01/25/2006
12/30/1998
Accurint Search Results
Business First Last
Address Indicator Reported Reported
85 SAM FONZO DR, BEVERLY, MA 01915-1069 (Verification Level: x 02/01/2020 09/01/2020
Premises Partial)
737 NW 34TH ST APT 4, MIAMI, FL 33127-3354 12/01/2013 12/01/2013
11507 NOBLEWOOD CREST LN, HOUSTON, TX 77082-6814 04/01/2013 08/01/2017
2525 S VOSS RD APT 402, HOUSTON, TX 77057-4435 01/01/2013 08/01/2013
1907 WOODHEAD ST, HOUSTON, TX 77019-6123 08/01/2011 10/01/2020
1321 TERRALYN WAY, SUGAR LAND, TX 77478 (Verification Level: Street 03/01/2011 03/01/2011
Partial,
12025 RICHMOND AVE APT 401, HOUSTON, TX 77082-2465 (Verification x 09/01/2009 09/01/2009
Level: Premises Partial)
12025 RICHMOND 13303 AVE, HOUSTON, TX 77082 09/01/2008 09/01/2008
12025 RICHMOND AVE APT 11309, HOUSTON, TX 77082-2496 04/01/2008 11/01/2012
MC AS MIRAMAR, SAN DIEGO, CA 92145-0001 04/01/2008 04/01/2008
12025 RICHMOND AVE APT 14303, HOUSTON, TX 77082-2498 03/01/2008 06/01/2012
16 MCAS TUSTIN, IRVINE, CA 92710 (Verification Level: None) 12/01/2005 12/01/2005
16 MCAS TUSTIN, SANTA ANA, CA 92710 (Verification Level: None) 12/01/2005 12/01/2005
a 07/01/2005
04/01/1995
11/01/2013
10/01/2020
TLO Search Results
Multiple records returned by vendor
Drivers Licenses (TLO)
None reported.
Vehicles (TLO)
Registration Expiration
Date Date Registered Owners Vehicle Plate
06/11/2020 05/31/2021 JAMES EPHRAIM (registrant) - 1907 Black 2018 LINCOLN MKC KXT9973
WOODHEAD ST, HOUSTON, TX 77019 (TX)
(06/11/2020)
CARRIE LOUISE HOWARD (co-registrant) -
1907 WOODHEAD ST, HOUSTON, TX
77019 (06/11/2020) :
11/09/2015 11/30/2020 -} Beige 2000 HONDA CIVIC GPD0538
(TX)
09/01/2012 10/31/2020 JAMES EPHRAIM (co-registrant) - 1907 White 2012 AUDI AS DB1Z803
WOODHEAD ST, HOUSTON, TX 77019 (TX)
(11/27/2019)
Forwards reported per National Change of Address (NCOA) service
None reported.
Page 1 of 2
Exhibits
Property Ownership (TLO)
Address: EE Owner(s): JAMES EPHRAIM, Purchase Date:
04/2007, Homestead: yes
Address: 85 Sam Fonzo Dr, Beverly, MA 01915-1069, Owner(s): CHERRY HILL FARM LLC, Purchase Date:
06/2018
Page 2 of 2
Preview
Filed 11/16/2020 4:10 PM Beverley McGrew Walker District Clerk CAUSE NO. 20-DCV-278179 Fort Bend County, Texas Sabrina Schiro § IN THE DISTRICT COURT AMERICAN EXPRESS NATIONAL BANK § Plaintiff, § VS § 400TH JUDICIAL DISTRICT JAMES EPHRAIM § Defendant. § FORT BEND COUNTY, TEXAS PLAINTIFF'S MOTION FOR SUBSTITUTE SERVICE Plaintiff, AMERICAN EXPRESS NATIONAL BANK, asks the court to authorize substitute service pursuant to Tex R. Civ. Proc. 106(b)/501.2 as to JAMES EPHRAIM ("Defendant") and would show unto the Court as follows 1 Defendants address ‘s Ia 2. Plaintiff has attempted but failed to personally serve JAMES EPHRAIM ("Defendant") at the last known usual place of abode on three or more separate occasions. These service attempts and the facts appurtenant thereto are set forth in Exhibit 1 which is attached hereto and is incorporated herein by reference for all purposes. It further appears to the Court that the manner of service ordered herein will be reasonably effective to give said defendant notice of the lawsuit. 3 Plaintiff asks the court to authorize to Plaintiff to serve Defendant by any one of the following methods a. By Delivering a true copy of the CITATION and PETITION and Order authorizing substi tachi ith anvone more than six! 7 (16) years of age at OR, By Attaching a true copy of the CITATION and PETITION and Order a it door or entry way at and ——— roperty a is e gi ate Ch Plaintiff asserts . to Court that the manner of service orderd herein will be reasonably effective to give said Defendant notice of the lawsuit. 5 Plaintiff attaches the Affidavit of Plaintiff's process server to this motion to establish facts not apparent from the record and incorporates same by reference. WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that the motion for substitute service is Granted. Court Stamp Here DECLARATION IN SUPPORT OF REQUEST FOR ALTERNATIVE SERVICE RULE 106 Notice: This document contains sensitive data Court District Court 400th Judicial District Fort Bend County, Texas Plaintiff Cause # AMERICAN EXPRESS NATIONAL BANK 20-DCV-278179 Defendant(s) Came to Hand Date/Time JAMES EPHRAIM 11/06/2020 2:45 PM Reason Unable to Serve Non-Service Date/Time null 11/12/2020 10:49 AM Documents Service Fee: CITATION; PETITION $69.50 lam authorized to serve citations under Texas Rule of Civil Procedure 103. | have attempted to make personal service on Defendant, JAMES EPHRAIM, under Rule 106 (a)(a) at: es a which is the Place where Defendant can probably be found. | made sufficient investigation of the premises to believe that the failure to personally serve the CITATION and PETITION is that the Defendant was unavailable or is evading service. | attempted to serve Defendant on the following dates and times: Friday, 11/6/2020 7:15 PM: Per RESIDENT, Jane Doe; subject resides but not available at this time. She stated he won’t be back for a few weeks. | left my contact info. No vehicles observed in driveway. Saturday, 11/7/2020 12:23 PM: Per resident of African descent woman(35-45)subject resides but not available at this time No vehicles in driveway. Tuesday, 11/10/2020 6:34 PM: No answer at door. No vehicles in driveway. There is movement in the home. Thursday, 11/12/2020 10:49 AM: Per RESIDENT; african american woman with black hair, had an accent (small gap at front two teeth) age 35-45 approx. 5’'10” subject resides but not available at this time. Neighbors are home and acknowledged me through the window however they would not open the door or speak to me. It is my opinion that it is impracticable to continue endeavoring to serve process on Defendant in person and that additional attempts would be unsuccessful. Ref 5752428 Tracking # 0060388468 be: l WAI 0059744249 eabclegal Zwicker & Associates, P. il zwicker_TX@abclegal.com 6. ABC Legal Services' internal Investigations Team conducted a skip trace on the Defendant. Information provided to me by ABC Legal Services included the following: a) The above address appears on an SSN trace for the Defendant between 04/01/1995 and 10/01/2020. b) DMV vehicle registration records obtained from a third party data source indicate the defendant has a current vehicle registered at the above address. a Fort Bend County Assessor records list the defendant as the current owner of the real property located at i The defendant claims the homestead exemption at this address. | believe the most effective way to give Defendant actual proper notice of the lawsuit is to serve the CITATION and PETITION by: a) Delivering the CITATION and PETITION to anyone over sixteen years of age at the above address, and then by mailing a copy via first class mail or, b) Affixing the CITATION and PETITION to the front door at the above address, and then by mailing a copy via first class mail. My name is: Ki ristal Macat. - date of birth is My address is: My process server identification # is: PSC-18801. My Certification expires: 8/31/2022. Per U.S. Code § 1746, | declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. YxA WK 11/12/2020 Kristal Macat Date Executed Ref 5752428 Tracking # 0060388468 be: l WAI 0059744249 eabclegal Zwicker & Associates, P. il zwicker_TX@abclegal.com Exhibits Defendant: Address: a ee) CBC Innovis Search Results Business First Last Address Indicator Reported Reported 12025 RICHMOND AVE APT 11309, HOUSTON, TX 77082-2496 02/21/2008 a a 01/25/2006 12/30/1998 Accurint Search Results Business First Last Address Indicator Reported Reported 85 SAM FONZO DR, BEVERLY, MA 01915-1069 (Verification Level: x 02/01/2020 09/01/2020 Premises Partial) 737 NW 34TH ST APT 4, MIAMI, FL 33127-3354 12/01/2013 12/01/2013 11507 NOBLEWOOD CREST LN, HOUSTON, TX 77082-6814 04/01/2013 08/01/2017 2525 S VOSS RD APT 402, HOUSTON, TX 77057-4435 01/01/2013 08/01/2013 1907 WOODHEAD ST, HOUSTON, TX 77019-6123 08/01/2011 10/01/2020 1321 TERRALYN WAY, SUGAR LAND, TX 77478 (Verification Level: Street 03/01/2011 03/01/2011 Partial, 12025 RICHMOND AVE APT 401, HOUSTON, TX 77082-2465 (Verification x 09/01/2009 09/01/2009 Level: Premises Partial) 12025 RICHMOND 13303 AVE, HOUSTON, TX 77082 09/01/2008 09/01/2008 12025 RICHMOND AVE APT 11309, HOUSTON, TX 77082-2496 04/01/2008 11/01/2012 MC AS MIRAMAR, SAN DIEGO, CA 92145-0001 04/01/2008 04/01/2008 12025 RICHMOND AVE APT 14303, HOUSTON, TX 77082-2498 03/01/2008 06/01/2012 16 MCAS TUSTIN, IRVINE, CA 92710 (Verification Level: None) 12/01/2005 12/01/2005 16 MCAS TUSTIN, SANTA ANA, CA 92710 (Verification Level: None) 12/01/2005 12/01/2005 a 07/01/2005 04/01/1995 11/01/2013 10/01/2020 TLO Search Results Multiple records returned by vendor Drivers Licenses (TLO) None reported. Vehicles (TLO) Registration Expiration Date Date Registered Owners Vehicle Plate 06/11/2020 05/31/2021 JAMES EPHRAIM (registrant) - 1907 Black 2018 LINCOLN MKC KXT9973 WOODHEAD ST, HOUSTON, TX 77019 (TX) (06/11/2020) CARRIE LOUISE HOWARD (co-registrant) - 1907 WOODHEAD ST, HOUSTON, TX 77019 (06/11/2020) : 11/09/2015 11/30/2020 -} Beige 2000 HONDA CIVIC GPD0538 (TX) 09/01/2012 10/31/2020 JAMES EPHRAIM (co-registrant) - 1907 White 2012 AUDI AS DB1Z803 WOODHEAD ST, HOUSTON, TX 77019 (TX) (11/27/2019) Forwards reported per National Change of Address (NCOA) service None reported. Page 1 of 2 Exhibits Property Ownership (TLO) Address: EE Owner(s): JAMES EPHRAIM, Purchase Date: 04/2007, Homestead: yes Address: 85 Sam Fonzo Dr, Beverly, MA 01915-1069, Owner(s): CHERRY HILL FARM LLC, Purchase Date: 06/2018 Page 2 of 2