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CAUSE NO. 23-05-07550
IN THE DISTRICT COURT OF
Bethanne FRANCO
Plaintiff,
vy
457" JUDICIAL DISTRICT COURT
Rafael PEREZ
MONTGOMERY COUNTY, TEXAS
Defendant.
MOTION FOR SUBSTITUTE SERVICE
Plaintiff, and would show the Court that
COMES NOW Bethanne FRANCO,
l PEREZ, it’s with Citation in
repeated efforts have been made to serve Defendant Rafae
MAGNOLIA, TX 77355, and all places where
this cause at 24711 SPENCER BLVD,
as set forth in the Affidavit attached
Defendant had information as to the whereabouts of
has been used, such efforts have
to this Motion. (See Exhibit "1") Although due diligence
for an Order authorizing service
been to no avail and Plaintiff therefore moves the Court
of Civil Procedure, Promulgated by
of Citation in accordance with Rule 106, Texas Rules
the Citation with Petition attached at
the Supreme Court of Texas. By leaving a copy on
found at 24711 SPENCER BLVD,
the Defendant's usual place where Defendant may be
hing same to the door at the above
MAGNOLIA, TX 77355, Montgomery County by attac
en (16) years of age at the location.
address, or by delivering the same to anyone over sixte
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays the Court for an Order
e set forth.
authorizing service upon the Defendant as hereinabov
GILBERT GROUP
By: /s/ Keith T. Gilbert
Keith T. Gilbert SBN: 07898600
35835 FM 1774, Pinehurst, TX 77362
P: (281) 259-8121 F: (281) 259-8741
Email: ktg@gilbertgroup.us
ATTORNEY FOR BETHANNE FRANCO
EXHIBIT 1
CAUSE NO. 23-50-07550
IN THE COURT OF
Bethanne Franco
Plaintiff,
vs.
MONTGOMERY COUNTY,
Rafael Perez
Defendant. 457TH JUDICIAL DISTRICT COURT
AFFIDAVIT OF DUE DILIGENCE
"The following came to hand on Jun 1, 2023, 12:32 pm,
CITATION AND PLAINTIFF'S ORIGINAL PETITION,
For delivery to Rafael Perez
Jun 2, 2023, 7:46 am CDT at 24711
1) Unsuccessful Attempt: SPENCER BLVD, MAGNOLIA, TX 77355
THERE WAS NO ANSWER AT THE DOOR AND NO OTHER ACTIVITY AROUND THE RESIDENCE. | LEFT MY CARD IN THE
DOOR JAMB.
2) Unsuccessful Attempt: Jun 3, 2023, 8:04 am CDT at 24711 SPENCER BLVD, MAGNOLIA, TX 77355
| LEFT MY CARD IN
THERE WAS NO ANSWER AT THE DOOR AND LIGHTS ON INSIDE. THERE WERE NO CARS VISIBLE AND
THAT STATED SHE DOESNT KNOW THE SUBJECT TO LIVE AT
THE DOOR JAMB. | SPOKE TO A WHITE FEMALE NEIGHBOR
THE SERVICE ADDRESS.
77355
3) Unsuccessful Attempt: Jun 8, 2023, 7:26 am CDT at 24711 SPENCER BLVD, MAGNOLIA, TX
| LEFT MY CARD IN THE
THERE WAS NO ANSWER AT THE DOOR AND NO OTHER ACTIVITY AROUND THE RESIDENCE.
DOOR JAMB.
Jun 26, 2023, 4:15 pm CDT at 24711 SPENCER BLVD, MAGNOLIA, TX 77355
4) Unsuccessful Attempt:
MY CARD IN
THERE WAS NO ANSWER AT THE DOOR AND LIGHTS ON INSIDE. THERE WERE NO CARS VISIBLE AND | LEFT
THE DOOR JAMB. AFTER SOME RESEARCH IT LOOKS AS THE SUBJECT MAY HAVED MOVED IN 2021 TO 28606 Strathdon
Magnolia, TX 77354
Montgomery County
(Nov 2021 - Aug 2023)
5) Unsuccessful Attempt:Jul 1, 2023, 10:50 am CDT at 24711 SPENCER BLVD, MAGNOLIA, TX 77355
IN
THERE WAS NO ANSWER AT THE DOOR AND LIGHTS ON INSIDE. THERE WERE NO CARS VISIBLE AND | LEFT MY CARD
THE DOOR JAMB.
6) Unsuccessful Attempt: Aug 15, 2023, 6:22 am CDT at 24711 SPENCER BLVD, MAGNOLIA, 1X 77355
THERE WERE NO CARS
THERE WAS NO ANSWER AT THE DOOR AND NO OTHER ACTIVITY AROUND THE RESIDENCE.
VISIBLE. | LEFT A SERVICE NOTE ATTACHED TO THE DOOR.
| am a person over eighteen (18) years of age and | am competent to make this affidavit. |am a resident of the State of
Texas. | am familiar with the Texas Rules of Civil Procedure as they apply to service of Process. | am not a party to this
suit nor related or affiliated with any herein, and have no interest in the outcome of the suit. | have never been
convicted of a felony or of a misdemeanor involving moral turpitude. | have personal knowledge of the facts stated
herein and they are true and correct."
My name is Douglas Greene, my date of birth is 01/04/1968, and my address is 11818 W BORDER OAK DR, MAGNOLIA,
1X 77354, and United States of America. | declare under penalty of perjury that the foregoing is true and correct.
Executed in MONTGOMERY County, State of TEXAS, on August 29, 2023.
Douglas Greene
Certification Number: PSC# 11914
Certification Expiration: 03/31/2025
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CAUSE NO. 23-05-07550 IN THE DISTRICT COURT OF Bethanne FRANCO Plaintiff, vy 457" JUDICIAL DISTRICT COURT Rafael PEREZ MONTGOMERY COUNTY, TEXAS Defendant. MOTION FOR SUBSTITUTE SERVICE Plaintiff, and would show the Court that COMES NOW Bethanne FRANCO, l PEREZ, it’s with Citation in repeated efforts have been made to serve Defendant Rafae MAGNOLIA, TX 77355, and all places where this cause at 24711 SPENCER BLVD, as set forth in the Affidavit attached Defendant had information as to the whereabouts of has been used, such efforts have to this Motion. (See Exhibit "1") Although due diligence for an Order authorizing service been to no avail and Plaintiff therefore moves the Court of Civil Procedure, Promulgated by of Citation in accordance with Rule 106, Texas Rules the Citation with Petition attached at the Supreme Court of Texas. By leaving a copy on found at 24711 SPENCER BLVD, the Defendant's usual place where Defendant may be hing same to the door at the above MAGNOLIA, TX 77355, Montgomery County by attac en (16) years of age at the location. address, or by delivering the same to anyone over sixte WHEREFORE, PREMISES CONSIDERED, Plaintiff prays the Court for an Order e set forth. authorizing service upon the Defendant as hereinabov GILBERT GROUP By: /s/ Keith T. Gilbert Keith T. Gilbert SBN: 07898600 35835 FM 1774, Pinehurst, TX 77362 P: (281) 259-8121 F: (281) 259-8741 Email: ktg@gilbertgroup.us ATTORNEY FOR BETHANNE FRANCO EXHIBIT 1 CAUSE NO. 23-50-07550 IN THE COURT OF Bethanne Franco Plaintiff, vs. MONTGOMERY COUNTY, Rafael Perez Defendant. 457TH JUDICIAL DISTRICT COURT AFFIDAVIT OF DUE DILIGENCE "The following came to hand on Jun 1, 2023, 12:32 pm, CITATION AND PLAINTIFF'S ORIGINAL PETITION, For delivery to Rafael Perez Jun 2, 2023, 7:46 am CDT at 24711 1) Unsuccessful Attempt: SPENCER BLVD, MAGNOLIA, TX 77355 THERE WAS NO ANSWER AT THE DOOR AND NO OTHER ACTIVITY AROUND THE RESIDENCE. | LEFT MY CARD IN THE DOOR JAMB. 2) Unsuccessful Attempt: Jun 3, 2023, 8:04 am CDT at 24711 SPENCER BLVD, MAGNOLIA, TX 77355 | LEFT MY CARD IN THERE WAS NO ANSWER AT THE DOOR AND LIGHTS ON INSIDE. THERE WERE NO CARS VISIBLE AND THAT STATED SHE DOESNT KNOW THE SUBJECT TO LIVE AT THE DOOR JAMB. | SPOKE TO A WHITE FEMALE NEIGHBOR THE SERVICE ADDRESS. 77355 3) Unsuccessful Attempt: Jun 8, 2023, 7:26 am CDT at 24711 SPENCER BLVD, MAGNOLIA, TX | LEFT MY CARD IN THE THERE WAS NO ANSWER AT THE DOOR AND NO OTHER ACTIVITY AROUND THE RESIDENCE. DOOR JAMB. Jun 26, 2023, 4:15 pm CDT at 24711 SPENCER BLVD, MAGNOLIA, TX 77355 4) Unsuccessful Attempt: MY CARD IN THERE WAS NO ANSWER AT THE DOOR AND LIGHTS ON INSIDE. THERE WERE NO CARS VISIBLE AND | LEFT THE DOOR JAMB. AFTER SOME RESEARCH IT LOOKS AS THE SUBJECT MAY HAVED MOVED IN 2021 TO 28606 Strathdon Magnolia, TX 77354 Montgomery County (Nov 2021 - Aug 2023) 5) Unsuccessful Attempt:Jul 1, 2023, 10:50 am CDT at 24711 SPENCER BLVD, MAGNOLIA, TX 77355 IN THERE WAS NO ANSWER AT THE DOOR AND LIGHTS ON INSIDE. THERE WERE NO CARS VISIBLE AND | LEFT MY CARD THE DOOR JAMB. 6) Unsuccessful Attempt: Aug 15, 2023, 6:22 am CDT at 24711 SPENCER BLVD, MAGNOLIA, 1X 77355 THERE WERE NO CARS THERE WAS NO ANSWER AT THE DOOR AND NO OTHER ACTIVITY AROUND THE RESIDENCE. VISIBLE. | LEFT A SERVICE NOTE ATTACHED TO THE DOOR. | am a person over eighteen (18) years of age and | am competent to make this affidavit. |am a resident of the State of Texas. | am familiar with the Texas Rules of Civil Procedure as they apply to service of Process. | am not a party to this suit nor related or affiliated with any herein, and have no interest in the outcome of the suit. | have never been convicted of a felony or of a misdemeanor involving moral turpitude. | have personal knowledge of the facts stated herein and they are true and correct." My name is Douglas Greene, my date of birth is 01/04/1968, and my address is 11818 W BORDER OAK DR, MAGNOLIA, 1X 77354, and United States of America. | declare under penalty of perjury that the foregoing is true and correct. Executed in MONTGOMERY County, State of TEXAS, on August 29, 2023. Douglas Greene Certification Number: PSC# 11914 Certification Expiration: 03/31/2025