Preview
CAUSE NO. 22 DCV
Juan Antonio Marquez IN THE DISTRICT COURT OF
Plaintiff
FORT BEND COUNTY, TEXAS
A & H Coating Services, LLC
Defendant 240TH JUDICIAL DISTRICT
PLAINIIFF MOTION FOR ENIRY OF DEFAULT JUDGMENT
AGAINST DEFENDANT A & H COATING SERVICES, LLC
TO THE HONORABLE JUDGE:
Plaintiff file his Motion for Entry of Default Judgment against Defendant A & H Coating
Services, LLC (“A & H”) and would respectfully show the following:
SUMMARY
This is a negligence case arising out of injuries sustained while Plaintiff was working for
A & H, a nonsubscriber to Texas Workers’ Compensation. On the date of Plaintiff's injuries
Plaintiff was four levels up on scaffolding performing work. The scaffolding failed and Plaintiff
fell to the ground breaking both ankles. Plaintiff filed suit against Defendant and served
Defendant, and Defendant has not answered. For the reasons stated below, Plaintiff asks the Court
to grant his motion and enter default judgment against Defendant.
EVIDENCE
Plaintiff cites to and specifically incorporates the following evidence:
EXHIBITA: Citation for First Amended Petition
EXHIBITB: Return of Service; and
EXHIBITC: Certificate of Last Known Address
I.
ARGUMENTS AND AUTHORITIES
A court may render a default judgment on the pleadings against a defendant who has not
appeared or file an answer.’ When a defendant does not file an answer, all allegations of facts in
the plaintiff's petition, including those establishing liability, are deemed admitted except for the
amount of unliquidated damages.* After a no-answer default, the only claim the plaintiff is
required to prove is its claim for unliquidated damages.’ The plaintiff's petition supports a default
judgment ifthe petition states a cause of action within the court’s jurisdiction, gives fair notice to
the defendant of the claim asserted, and does not affirmatively disclose the invalidity of the claim
on its face.*
The citation must comply with Texas Rule of Civil Procedure 99. The face of the record
must show compliance with the type of service used, but a court is not required to review the entire
record to determine proper service. The plaintiff must ensure the record of the case reflects that
the defendant was properly served.® The return of service must comply with Texas Rules of Civil
Procedure 107.
' Tex. R. Civ. P. 239; Sedona Pac. Hous. Prtshp. v. Ventura, 408 S.W.3d 507, 511-12 (Tex. App. —El
Paso 2013, no pet.).
> Paradigm Oil, Inc. v. Retamco Oper., Inc., 372 $.W.3d 177, 183 (Tex. 2012); Jackson v. Biotectronics,
Inc., 937 S.W.2d 38, 41 (Tex. App.—Houston [14th Dist.] 1996, no writ); see Dolgencorp v. Lerma, 288
S.W.3d 922, 930 (Tex. 2009); Argyle Mech., Inc. v. Unigus Steel, Inc., 156 S.W.3d 685, 687 (Tex.
App.—Dallas 2005, no pet.).
3 Dolgencorp, 288 S.W.3d at 930; see Tex. R. Civ. P. 243; Paradigm Oil, 372 S.W.3d at 183.
* Jackson, 937 S.W.2d at 42; see Paramount Pipe & Sup. Co. v. Muhr, 749 S.W.2d 491, 494 (Tex. 1988)
5 All Commercial Floors, Inc. v. Barton & Rasor, 97 S.W.3d 723, 726 (Tex. App—Fort Worth 2003, no
pet.).
° Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 153 (Tex. 1994).
A plaintiff may move for a default judgment when the defendant’s deadline to file an
answer has expired and the citation and proof of service have been on file with the clerk at least
ten days, not counting the day of filing and the day of the judgment.’
Defendant A & H has not appeared or filed an answer in this case. Plaintiff's First
Amended Petition states a cause of action within the court’s jurisdiction, gives fair notice to
Defendant of the claim asserted, and does not affirmatively disclose the invalidity of the claim on
its face. Citation was duly served with process on January 24, 2023, the return of service has been
on file for at least ten days before default judgment will be rendered,’ and Defendant A & H has
failed to answer and appear. Defendant A & H’s last known address is 4659 FM 1160 Road,
Louise, Texas 77455.!° Defendant is not in the military being it is a business entity.
Plaintiff asks the Court to enter a partial default judgment on Defendant's liability. Plaintiff
further requests that the Court enter a final default judgment as to Plaintiff's damages after
conducting a hearing at a later date.
IV.
CONCLUSION ‘AND PRAYER
For these reasons, Plaintiff asks the Court to grant Plaintiff’s Motion for Entry of Default
Judgment Against A & H Coating Services, LLC, enter a partial default judgment as to liability,
and set a hearing to determine Plaintiffs damages at a later date, and to grant all other and further
relief, at law or in equity, to which Plaintiff may show himself to be justly entitled.
7 See Tex. R. Civ. P. 107(h), 239; Union Pac. Corp. v. Legg, 49 S.W.3d 72, 78 (Tex. App.—Auustin 2001,
no pet.).
8 See Exhibit A.
° See Exhibit B.
'° See Exhibit C.
Respectfully submitted,
PIERCE SKRABANEK, PLLC
/s/ M. Paul Skrabanek
M. PAUL SKRABANEK
State Bar No. 24063005
3701 Kirby Drive, Suite 760
Houston, Texas 77098
T. 832.690.7000
F. 832.616.5576
E. paul@pstriallaw.com
service@ pstriallaw.com
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I certify that on May 1, 2023, a true and correct copy of the foregoing instrument was
served in accordance with the Texas Rules of Civil Procedure.
/s/ M. Paul Skrabanek
M. PAUL SKRABANEK
bit A
SERVICE FEE NOT COLLECTED
BY DISTRICT CLERK THE STATE OF TEXAS
CITATION
TO A & H COATING SERVICES, LLC
REGISTERED AGENT LAW OFFICE OF J AMES D CHANDLER
2004 NORTH MAIN
LIBERTY TX 77575
NOTICE:
You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the
clerk who issued this citation by 10:00 a.m. on Monday next following the expiration of twenty days after you were
served this citation and FIRST AMENDED PETITION filed on J anuary 19, 2023, a default judgment may be taken
against you. In addition to filing a written answer with the clerk, you may be required to make initial disclosures to
the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your
answer with the clerk. Find out more at TexasLawHelp.org.
The case is presently pending before the 240TH J UDICIAL DISTRICT COURT of Fort Bend County sitting in
Richmond, Texas. It bears cause number 22-DCV-296929 and is styled:
JUAN ANTONIO MARQUEZ V. A & H COATING SERVICES, LLC
The name and address of the attorney for PLAINTIFF(S) is:
M. PAUL SKRABANEK
PIERCE SKRABANEK PLLC
3701 KIRBY DRIVE SUITE 760
HOUSTON TX 77098
832-690-7000
The nature of the demands of said PLAINTIFF(S) is shown by a true and correct copy of the FIRST AMENDED
PETITION accompanying this citation and made a part hereof.
If this Citation is not served, it shall be returned unserved. Issued under my hand and seal of said Court, at
Richmond, Texas, on this the 24th day of J anuary, 2023.
BEVERLEY MCGREW WALKER, DISTRICT CLERK
FORT BEND COUNTY, TEXAS
Physical Address:
1422 Eugene Heimann Circle, Room 31004
Richmond, Texas 77469
Mailing Address: tee
"re!
301 J ackson Street, Room 101
Richmond, Texas 77469 iwi i*
By: Fuca, za
Deputy District Clerk ERICA RODRIGUEZ
EB &;
BiG
Telephone: (281) 633-7612
“Sig
22-DCV-296929 240th J udicial District Court
Juan Antonio Marquez v. A & H Coating Services, LLC
OFFICER’S OR AUTHORIZED PERSON’S RETURN
Came to hand on the day of ,20__, at o'clock ___M. Executed
at , within the County of
at o'clock ___M. on the day of
20__, by delivering to the within named
, in person, a true copy of this citation together with the accompanying copy of the petition, having first
attached such copy of such petition to such copy of citation and endorsed on such copy of citation the date of
delivery.
Total fee for serving citation at $80.00 each $.
Name of Officer or Authorized Person
County, Texas
By:
Signature of Deputy or Authorized Person
*State day and hour and place of serving each person.
a
COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT.
In accordance with Rule 107: The officer or authorized person who serves, or attempts to serve, a citation shall sign the return. The signature is
not required to be verified. If the return is signed by a person other than a sheriff, constable, or the clerk of the court, the return shall be signed
under penalty of perjury and contain the following statement:
“My name is
(First, Middle, Last)
my date of birth is , and my address is
(Street, City, Zip)
»
| DECLARE UNDER PENALTY OF PERJ URY THAT THE FOREGOING IS TRUE AND CORRECT.
Executed in County, State of ,on the
day of
Declarant
/ Authorized Process Server
(Id # & expiration of certification)
ORIGINAL
Citation issued to A & H Coating Services, LLC on 1/24/2023.
SERVICE FEE NOT COLLECTED
BY DISTRICT CLERK THE STATE OF TEXAS
CITATION
TO A & H COATING SERVICES, LLC
REGISTERED AGENT LAW OFFICE OF J AMES D CHANDLER
2004 NORTH MAIN
LIBERTY TX 77575
NOTICE:
You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the
clerk who issued this citation by 10:00 a.m. on Monday next following the expiration of twenty days after you were
served this citation and FIRST AMENDED PETITION filed on J anuary 19, 2023, a default judgment may be taken
against you. In addition to filing a written answer with the clerk, you may be required to make initial disclosures to
the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your
answer with the clerk. Find out more at TexasLawHelp.org.
The case is presently pending before the 240TH J UDICIAL DISTRICT COURT of Fort Bend County sitting in
Richmond, Texas. It bears cause number 22-DCV-296929 and is styled:
JUAN ANTONIO MARQUEZ V. A & H COATING SERVICES, LLC
The name and address of the attorney for PLAINTIFF(S) is:
M. PAUL SKRABANEK
PIERCE SKRABANEK PLLC
3701 KIRBY DRIVE SUITE 760
HOUSTON TX 77098
832-690-7000
The nature of the demands of said PLAINTIFF(S) is shown by a true and correct copy of the FIRST AMENDED
PETITION accompanying this citation and made a part hereof.
If this Citation is not served, it shall be returned unserved. Issued under my hand and seal of said Court, at
Richmond, Texas, on this the 24th day of J anuary, 2023.
BEVERLEY MCGREW WALKER, DISTRICT CLERK
FORT BEND COUNTY, TEXAS
Physical Address:
1422 Eugene Heimann Circle, Room 31004
Richmond, Texas 77469
Mailing Address: so LOU p%
301 J ackson Street, Room 101
Richmond, Texas 77469 ™
B
*
z
$5
‘Depu Di t Clerk ER! IGUEZ ee
Telephone: (281) 633-7612
SERVICE
22-DCV-296929 240th J udicial District Court
Juan Antonio Marquez v. A & H Coating Services, LLC
OFFICER’S OR AUTHORIZED PERSON’S RETURN
Came to hand on the day of ,20_, at o'clock ___M. Executed
at , within the County of
pat o'clock ___M. on the day of
20__, by delivering to the within named
, in person, a true copy of this citation together with the accompanying copy of the petition, having first
attached such copy of such petition to such copy of citation and endorsed on such copy of citation the date of
delivery.
Total fee for serving citation at $80.00 each $
Name of Officer or Authorized Person
County, Texas
By:
Signature of Deputy or Authorized Person
*State day and hour and place of serving each person.
I
COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT.
In accordance with Rule 107: The officer or authorized person who serves, or attempts to serve, a citation shall sign the return. The signature is
not required to be verified. If the return is signed by a person other than a sheriff, constable, or the clerk of the court, the return shall be signed
under penalty of perjury and contain the following statement:
“My name is
(First, Middle, Last)
my date of birth is , and my address is
(Street, City, Zip)
»
| DECLARE UNDER PENALTY OF PERJ URY THAT THE FOREGOING IS TRUE AND CORRECT.
Executed in County, State of ,on the
day of
Declarant
/ Authorized Process Server
(Id # & expiration of certification)
SERVICE
Citation issued to A & H Coating Services, LLC on 1/24/2023.
Exhibit B
CAUSE NUMBER: 22-DCV-296929
JUAN ANTONIO MARQUEZ
PLAINTIFF
IN THE 240TH JUDICIAL DISTRICT COURT OF FORT
vs.
BEND COUNTY, TEXAS
A &H COATING SERVICES, LLC
DEFENDANT
RETURN OF SERVICE
My name is RODNEY JUSTICE. I am over the age of eighteen (18), I am not a party to this case, and have no interest
in its outcome. I am in all ways competent to make this affidavit and this affidavit is based on personal knowledge.
The facts stated herein are true and correct. My business address is: 1320 QUITMAN ST. STE 100, HOUSTON,
HARRIS COUNTY, TX 77009, U.S.A.
ON Tuesday February 07, 2023 AT 10:56 AM - CITATION, PLAINTIFF'S FIRST AMENDED PETITION, came to
hand for service upon A & H COATING SERVICES, LLC BY SERVING ITS REGISTERED AGENT, LAW OFFICE OF
JAMES. D. CHANDLER.
On Wednesday February 08, 2023 at 03:15 PM - The above named documents were hand delivered to: A & H
COATING SERVICES, LLC BY SERVING ITS REGISTERED AGENT, LAW OFFICE OF JAMES. D. CHANDLER @ 1203
Trinity St., Liberty 77575, in person, by delivering to Kerry Fisher, Secretary for James D. Chandler, authorized to
accept.
FURTHER AFFIANT SAYETH NOT.
STATE OF TEXAS DECLARATION
"My name is RODNEY JUSTICE, my date of birth isIE my business address is 1320 QUITMAN STREET,
HOUSTON,TX 77009, and I declare under penalty of perjury that this affidavit is true and correct."
Executed in Liberty County, State of Texas on Thursday February 09, 2023
a,
V
PSC#18362 EXP. 03/31/24
Declarant; Appointed in accordance with State Statutes.
2023.02.723633
Copy from re:S earchTX
Exhibit C
CAUSE NO. 22-DCV-296929
Juan Antonio Marquez, IN THE DISTRICT COURT OF
Plaintiff,
Vv. FORT BEND COUNTY, TEXAS
A & H Coating Services, LLC,
Defendant. 240TH JUDICIAL DISTRICT
CERTIFICATE OF LAST KNOWN ADDRESS
Plaintiff in the above-entitled and numbered cause, certifies to the Clerk of this Court that
the last known mailing address for A & H Coating Services, LLC, the Defendant in the above-
entitled and numbered cause against whom a default judgment will be rendered, is as follows:
4659 FM 1160 Road, Louise, Texas 77455
Respectfully submitted,
PIERCE SKRABANEK, PLLC
/s/M. Paul Skrabanek
M. PAUL SKRABANEK
State Bar No. 24063005
3701 Kirby Drive, Suite 760
Houston, Texas 77098
T. 832.690.7000
F. 832.616.5576
E. paul@pstriallaw.com
service@ pstriallaw.com
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
2023, a true and correct copy the foregoing instrument was
served in accordance with the xas Rules of ivil Procedure.
/s/ M. Paul Skrabanek
M. PAUL SKRABANEK
Preview
CAUSE NO. 22 DCV Juan Antonio Marquez IN THE DISTRICT COURT OF Plaintiff FORT BEND COUNTY, TEXAS A & H Coating Services, LLC Defendant 240TH JUDICIAL DISTRICT PLAINIIFF MOTION FOR ENIRY OF DEFAULT JUDGMENT AGAINST DEFENDANT A & H COATING SERVICES, LLC TO THE HONORABLE JUDGE: Plaintiff file his Motion for Entry of Default Judgment against Defendant A & H Coating Services, LLC (“A & H”) and would respectfully show the following: SUMMARY This is a negligence case arising out of injuries sustained while Plaintiff was working for A & H, a nonsubscriber to Texas Workers’ Compensation. On the date of Plaintiff's injuries Plaintiff was four levels up on scaffolding performing work. The scaffolding failed and Plaintiff fell to the ground breaking both ankles. Plaintiff filed suit against Defendant and served Defendant, and Defendant has not answered. For the reasons stated below, Plaintiff asks the Court to grant his motion and enter default judgment against Defendant. EVIDENCE Plaintiff cites to and specifically incorporates the following evidence: EXHIBITA: Citation for First Amended Petition EXHIBITB: Return of Service; and EXHIBITC: Certificate of Last Known Address I. ARGUMENTS AND AUTHORITIES A court may render a default judgment on the pleadings against a defendant who has not appeared or file an answer.’ When a defendant does not file an answer, all allegations of facts in the plaintiff's petition, including those establishing liability, are deemed admitted except for the amount of unliquidated damages.* After a no-answer default, the only claim the plaintiff is required to prove is its claim for unliquidated damages.’ The plaintiff's petition supports a default judgment ifthe petition states a cause of action within the court’s jurisdiction, gives fair notice to the defendant of the claim asserted, and does not affirmatively disclose the invalidity of the claim on its face.* The citation must comply with Texas Rule of Civil Procedure 99. The face of the record must show compliance with the type of service used, but a court is not required to review the entire record to determine proper service. The plaintiff must ensure the record of the case reflects that the defendant was properly served.® The return of service must comply with Texas Rules of Civil Procedure 107. ' Tex. R. Civ. P. 239; Sedona Pac. Hous. Prtshp. v. Ventura, 408 S.W.3d 507, 511-12 (Tex. App. —El Paso 2013, no pet.). > Paradigm Oil, Inc. v. Retamco Oper., Inc., 372 $.W.3d 177, 183 (Tex. 2012); Jackson v. Biotectronics, Inc., 937 S.W.2d 38, 41 (Tex. App.—Houston [14th Dist.] 1996, no writ); see Dolgencorp v. Lerma, 288 S.W.3d 922, 930 (Tex. 2009); Argyle Mech., Inc. v. Unigus Steel, Inc., 156 S.W.3d 685, 687 (Tex. App.—Dallas 2005, no pet.). 3 Dolgencorp, 288 S.W.3d at 930; see Tex. R. Civ. P. 243; Paradigm Oil, 372 S.W.3d at 183. * Jackson, 937 S.W.2d at 42; see Paramount Pipe & Sup. Co. v. Muhr, 749 S.W.2d 491, 494 (Tex. 1988) 5 All Commercial Floors, Inc. v. Barton & Rasor, 97 S.W.3d 723, 726 (Tex. App—Fort Worth 2003, no pet.). ° Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 153 (Tex. 1994). A plaintiff may move for a default judgment when the defendant’s deadline to file an answer has expired and the citation and proof of service have been on file with the clerk at least ten days, not counting the day of filing and the day of the judgment.’ Defendant A & H has not appeared or filed an answer in this case. Plaintiff's First Amended Petition states a cause of action within the court’s jurisdiction, gives fair notice to Defendant of the claim asserted, and does not affirmatively disclose the invalidity of the claim on its face. Citation was duly served with process on January 24, 2023, the return of service has been on file for at least ten days before default judgment will be rendered,’ and Defendant A & H has failed to answer and appear. Defendant A & H’s last known address is 4659 FM 1160 Road, Louise, Texas 77455.!° Defendant is not in the military being it is a business entity. Plaintiff asks the Court to enter a partial default judgment on Defendant's liability. Plaintiff further requests that the Court enter a final default judgment as to Plaintiff's damages after conducting a hearing at a later date. IV. CONCLUSION ‘AND PRAYER For these reasons, Plaintiff asks the Court to grant Plaintiff’s Motion for Entry of Default Judgment Against A & H Coating Services, LLC, enter a partial default judgment as to liability, and set a hearing to determine Plaintiffs damages at a later date, and to grant all other and further relief, at law or in equity, to which Plaintiff may show himself to be justly entitled. 7 See Tex. R. Civ. P. 107(h), 239; Union Pac. Corp. v. Legg, 49 S.W.3d 72, 78 (Tex. App.—Auustin 2001, no pet.). 8 See Exhibit A. ° See Exhibit B. '° See Exhibit C. Respectfully submitted, PIERCE SKRABANEK, PLLC /s/ M. Paul Skrabanek M. PAUL SKRABANEK State Bar No. 24063005 3701 Kirby Drive, Suite 760 Houston, Texas 77098 T. 832.690.7000 F. 832.616.5576 E. paul@pstriallaw.com service@ pstriallaw.com ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I certify that on May 1, 2023, a true and correct copy of the foregoing instrument was served in accordance with the Texas Rules of Civil Procedure. /s/ M. Paul Skrabanek M. PAUL SKRABANEK bit A SERVICE FEE NOT COLLECTED BY DISTRICT CLERK THE STATE OF TEXAS CITATION TO A & H COATING SERVICES, LLC REGISTERED AGENT LAW OFFICE OF J AMES D CHANDLER 2004 NORTH MAIN LIBERTY TX 77575 NOTICE: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on Monday next following the expiration of twenty days after you were served this citation and FIRST AMENDED PETITION filed on J anuary 19, 2023, a default judgment may be taken against you. In addition to filing a written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. The case is presently pending before the 240TH J UDICIAL DISTRICT COURT of Fort Bend County sitting in Richmond, Texas. It bears cause number 22-DCV-296929 and is styled: JUAN ANTONIO MARQUEZ V. A & H COATING SERVICES, LLC The name and address of the attorney for PLAINTIFF(S) is: M. PAUL SKRABANEK PIERCE SKRABANEK PLLC 3701 KIRBY DRIVE SUITE 760 HOUSTON TX 77098 832-690-7000 The nature of the demands of said PLAINTIFF(S) is shown by a true and correct copy of the FIRST AMENDED PETITION accompanying this citation and made a part hereof. If this Citation is not served, it shall be returned unserved. Issued under my hand and seal of said Court, at Richmond, Texas, on this the 24th day of J anuary, 2023. BEVERLEY MCGREW WALKER, DISTRICT CLERK FORT BEND COUNTY, TEXAS Physical Address: 1422 Eugene Heimann Circle, Room 31004 Richmond, Texas 77469 Mailing Address: tee "re! 301 J ackson Street, Room 101 Richmond, Texas 77469 iwi i* By: Fuca, za Deputy District Clerk ERICA RODRIGUEZ EB &; BiG Telephone: (281) 633-7612 “Sig 22-DCV-296929 240th J udicial District Court Juan Antonio Marquez v. A & H Coating Services, LLC OFFICER’S OR AUTHORIZED PERSON’S RETURN Came to hand on the day of ,20__, at o'clock ___M. Executed at , within the County of at o'clock ___M. on the day of 20__, by delivering to the within named , in person, a true copy of this citation together with the accompanying copy of the petition, having first attached such copy of such petition to such copy of citation and endorsed on such copy of citation the date of delivery. Total fee for serving citation at $80.00 each $. Name of Officer or Authorized Person County, Texas By: Signature of Deputy or Authorized Person *State day and hour and place of serving each person. a COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT. In accordance with Rule 107: The officer or authorized person who serves, or attempts to serve, a citation shall sign the return. The signature is not required to be verified. If the return is signed by a person other than a sheriff, constable, or the clerk of the court, the return shall be signed under penalty of perjury and contain the following statement: “My name is (First, Middle, Last) my date of birth is , and my address is (Street, City, Zip) » | DECLARE UNDER PENALTY OF PERJ URY THAT THE FOREGOING IS TRUE AND CORRECT. Executed in County, State of ,on the day of Declarant / Authorized Process Server (Id # & expiration of certification) ORIGINAL Citation issued to A & H Coating Services, LLC on 1/24/2023. SERVICE FEE NOT COLLECTED BY DISTRICT CLERK THE STATE OF TEXAS CITATION TO A & H COATING SERVICES, LLC REGISTERED AGENT LAW OFFICE OF J AMES D CHANDLER 2004 NORTH MAIN LIBERTY TX 77575 NOTICE: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on Monday next following the expiration of twenty days after you were served this citation and FIRST AMENDED PETITION filed on J anuary 19, 2023, a default judgment may be taken against you. In addition to filing a written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. The case is presently pending before the 240TH J UDICIAL DISTRICT COURT of Fort Bend County sitting in Richmond, Texas. It bears cause number 22-DCV-296929 and is styled: JUAN ANTONIO MARQUEZ V. A & H COATING SERVICES, LLC The name and address of the attorney for PLAINTIFF(S) is: M. PAUL SKRABANEK PIERCE SKRABANEK PLLC 3701 KIRBY DRIVE SUITE 760 HOUSTON TX 77098 832-690-7000 The nature of the demands of said PLAINTIFF(S) is shown by a true and correct copy of the FIRST AMENDED PETITION accompanying this citation and made a part hereof. If this Citation is not served, it shall be returned unserved. Issued under my hand and seal of said Court, at Richmond, Texas, on this the 24th day of J anuary, 2023. BEVERLEY MCGREW WALKER, DISTRICT CLERK FORT BEND COUNTY, TEXAS Physical Address: 1422 Eugene Heimann Circle, Room 31004 Richmond, Texas 77469 Mailing Address: so LOU p% 301 J ackson Street, Room 101 Richmond, Texas 77469 ™ B * z $5 ‘Depu Di t Clerk ER! IGUEZ ee Telephone: (281) 633-7612 SERVICE 22-DCV-296929 240th J udicial District Court Juan Antonio Marquez v. A & H Coating Services, LLC OFFICER’S OR AUTHORIZED PERSON’S RETURN Came to hand on the day of ,20_, at o'clock ___M. Executed at , within the County of pat o'clock ___M. on the day of 20__, by delivering to the within named , in person, a true copy of this citation together with the accompanying copy of the petition, having first attached such copy of such petition to such copy of citation and endorsed on such copy of citation the date of delivery. Total fee for serving citation at $80.00 each $ Name of Officer or Authorized Person County, Texas By: Signature of Deputy or Authorized Person *State day and hour and place of serving each person. I COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT. In accordance with Rule 107: The officer or authorized person who serves, or attempts to serve, a citation shall sign the return. The signature is not required to be verified. If the return is signed by a person other than a sheriff, constable, or the clerk of the court, the return shall be signed under penalty of perjury and contain the following statement: “My name is (First, Middle, Last) my date of birth is , and my address is (Street, City, Zip) » | DECLARE UNDER PENALTY OF PERJ URY THAT THE FOREGOING IS TRUE AND CORRECT. Executed in County, State of ,on the day of Declarant / Authorized Process Server (Id # & expiration of certification) SERVICE Citation issued to A & H Coating Services, LLC on 1/24/2023. Exhibit B CAUSE NUMBER: 22-DCV-296929 JUAN ANTONIO MARQUEZ PLAINTIFF IN THE 240TH JUDICIAL DISTRICT COURT OF FORT vs. BEND COUNTY, TEXAS A &H COATING SERVICES, LLC DEFENDANT RETURN OF SERVICE My name is RODNEY JUSTICE. I am over the age of eighteen (18), I am not a party to this case, and have no interest in its outcome. I am in all ways competent to make this affidavit and this affidavit is based on personal knowledge. The facts stated herein are true and correct. My business address is: 1320 QUITMAN ST. STE 100, HOUSTON, HARRIS COUNTY, TX 77009, U.S.A. ON Tuesday February 07, 2023 AT 10:56 AM - CITATION, PLAINTIFF'S FIRST AMENDED PETITION, came to hand for service upon A & H COATING SERVICES, LLC BY SERVING ITS REGISTERED AGENT, LAW OFFICE OF JAMES. D. CHANDLER. On Wednesday February 08, 2023 at 03:15 PM - The above named documents were hand delivered to: A & H COATING SERVICES, LLC BY SERVING ITS REGISTERED AGENT, LAW OFFICE OF JAMES. D. CHANDLER @ 1203 Trinity St., Liberty 77575, in person, by delivering to Kerry Fisher, Secretary for James D. Chandler, authorized to accept. FURTHER AFFIANT SAYETH NOT. STATE OF TEXAS DECLARATION "My name is RODNEY JUSTICE, my date of birth isIE my business address is 1320 QUITMAN STREET, HOUSTON,TX 77009, and I declare under penalty of perjury that this affidavit is true and correct." Executed in Liberty County, State of Texas on Thursday February 09, 2023 a, V PSC#18362 EXP. 03/31/24 Declarant; Appointed in accordance with State Statutes. 2023.02.723633 Copy from re:S earchTX Exhibit C CAUSE NO. 22-DCV-296929 Juan Antonio Marquez, IN THE DISTRICT COURT OF Plaintiff, Vv. FORT BEND COUNTY, TEXAS A & H Coating Services, LLC, Defendant. 240TH JUDICIAL DISTRICT CERTIFICATE OF LAST KNOWN ADDRESS Plaintiff in the above-entitled and numbered cause, certifies to the Clerk of this Court that the last known mailing address for A & H Coating Services, LLC, the Defendant in the above- entitled and numbered cause against whom a default judgment will be rendered, is as follows: 4659 FM 1160 Road, Louise, Texas 77455 Respectfully submitted, PIERCE SKRABANEK, PLLC /s/M. Paul Skrabanek M. PAUL SKRABANEK State Bar No. 24063005 3701 Kirby Drive, Suite 760 Houston, Texas 77098 T. 832.690.7000 F. 832.616.5576 E. paul@pstriallaw.com service@ pstriallaw.com ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE 2023, a true and correct copy the foregoing instrument was served in accordance with the xas Rules of ivil Procedure. /s/ M. Paul Skrabanek M. PAUL SKRABANEK