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CAUSE NO. C-2034-24-C
139TH DISTRICT COURT, HIDALGO COUNTY, TEXAS
CITATION
THE STATE OF TEXAS
NOTICE TO DEFENDANT: 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 o’clock a.m. on the
Monday next following the expiration of twenty (20) days after you were served with this citation and
petition, 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.
PHH MORTGAGE COMPANY OR IN THE ALTERNATIVE WHEREVER
LAST KNOWN REGISTERED AGENT THE DEFENDANT’S AGENT MAY BE FOUND
PO BOX 24605 AND SERVED PERSONALLY
WEST PALM BEACH FL 33416
You are hereby commanded to appear by filing a written answer to the PLAINTIFFS’ ORIGINAL
PETITION AND APPLICATION FOR TEMPORARY RESTRAINING ORDER, on or before 10:00
o’clock a.m. on the Monday next after the expiration of twenty (20) days after the date of service hereof,
before the Honorable Bobby Flores 139th District Court of Hidalgo County, Texas at the Courthouse at
100 North Closner, Edinburg, Texas 78539.
Said Petition was filed on this the 2nd day of May, 2024, and a copy of same accompanies this citation. The
file number and style of said suit being C-2034-24-C and styled FANY PENA VS. PHH MORTGAGE
COMPANY.
Said Petition was filed in said court by Attorney Fabian Guerrero whose address is 3900 W Expressway 83
Mcallen Tx 78501.
The nature of the demand is fully shown by a true and correct copy of the petition accompanying this citation
and made a part hereof.
The officer executing this writ shall promptly serve the same according to requirements of law, and the
mandates thereof, and make due return as the law directs.
ISSUED AND GIVEN UNDER MY HAND AND SEAL of said Court at Edinburg, Texas on this the 2nd
day of May, 2024.
LAURA HINOJOSA, DISTRICT CLERK
100 N. CLOSNER, EDINBURG, T.
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HIDALGO COUN’ TY, TEXAS <¢
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VALERIE MORENO, DEPUTY CG
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C-2034-24-C
OFFICER’S RETURN
Came to hand on of , 202 at o’clock -m. and executed in
County, Texas by delivering to each of the within named Defendant in person, a true copy
of this citation, upon which I endorsed the date of delivery to said Defendant together with the accompanying
copy of the (petition) at the following times and places, to-wit:
NAME DATE TIME PLACE
And not executed as to the defendant, the diligence used in
finding said defendant, being: and the cause of failure to execute this process is:
and the information received as to the whereabouts of said defendant, being:
I actually and necessarily traveled miles in the service of this
citation, in addition to any other mileage I may have traveled in the service of other process in the same case
during the same trip.
Fees: serving . copy(s) $
miles ....
DEPUTY
COMPLETE IF YOU ARE PERSON OTHER THAN A SHERIFF,
CONSTABLE OR CLERK OF THE COURT
In accordance to Rule 107, the officer or authorized person who serves or attempts to serve a citation must
sign the return. Ifthe return is signed by a person other than a sheriff, constable or the clerk of the court, the
return must either be verified or be signed under the penalty of perjury. A return signed under penalty of
perjury must contain the statement below in substantially the following form:
“My name is , my date of birth is and the
address is ,and I declare under penalty of perjury that the
foregoing is true and correct.
EXECUTED in County, State of , on the day of , 202
Declarant”
If Certified by the Supreme Court of Texas
Date of Expiration / PSC Number
C-2034-24-C
139TH DISTRICT COURT, HIDALGO COUNTY, TEXAS
NOTICE TO SHOW CAUSE
FANY PENA
VS.
PHH MORTGAGE COMPANY
THE STATE OF TEXAS
TO: PHH MORTGAGE COMPANY
YOU ARE HEREBY COMMANDED TO APPEAR before the Honorable Bobby Flores, 139th District
Court of Hidalgo County, Texas at the Court House in Edinburg, Texas ON THIS THE 15TH DAY OF
MAY, 2024 at 9:00 AM then and there to show cause if any why:
***SEE ATTACHED CERTIFIED COPIES ***
as prayed for in the TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING
FOR TEMPORARY ORDERS and as ordered in Judge’s fiat, true and correct copies of which are attached
hereto and made part hereof for all purposes.
HEREIN FAIL NOT, but of this writ, and how you have executed the same, make due return.
GIVEN UNDER MY HAND AND SEAL of office at Edinburg, Texas on this the 2nd day of May, 2024.
LAURA HINJOSA, DISTRICT CLERK
100N. CLOSNER, EDINBURG,
HIDALGO COUNTY, TEXAS (ge
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VALERIE MORENO, DEPUTY
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OFFICER’S RETURN
Came to hand on the this day of 202 at o’clock M. and executed
on the day of 202 by delivering to >
the within named, in person, a true copy of this notice.
Fees: Serving copies HIDALGO COUNTY, TEXAS
Miles
TOTAL. By:
DEPUTY
TEMPORARY RESTRAINING ORDER
THE STATE OF TEXAS
CAUSE NO. C-2034-24-C
TO: PHH MORTGAGE COMPANY
GREETINGS:
WHEREAS, Fany Pena, filed a petition in the 139th District Court of Hidalgo County, Texas on this the
2nd day of May, 2024 in a suit number C-2034-24-C on the docket of said Court, wherein Fany Pena is
Plaintiff(s) and PHH Mortgage Company is Defendant(s), alleging a cause of action and the action of the
Judge’s fiat thereon, all of which is attached hereto; and
WHEREAS, the said Plaintiff has executed and filed with the Clerk a BOND in the sum of $100.00, payable
and conditioned as required by law and the order of the Judge.
YOU ARE THEREFORE COMMANDED to take notice of such petition, and to desist and refrain from
the acts restrained and prohibited, as set out in the Court’s fiat, a copy of which, together with a copy of the
PLAINTIFFS’ ORIGINAL PETITION AND APPLICATION FOR TEMPORARY RESTRAINING
ORDER WITH TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING FOR
TEMPORARY ORDERS as the same is with the Court filed, is hereto attached and made a part hereof to
all intent and purposes, and obey and execute the order of the Judge until pending the hearing of such
petition in the Courthouse of this Court in Edinburg, Texas ON THIS THE 15TH DAY OF MAY, 2024 at
9:00 AM***SEE ATTACHED COPIES*** when and where you will appear to show cause why an
injunction should not be granted upon such petition effective until final decree in such suit.
GIVEN AND ISSUED UNDER MY HAND AND SEAL of office at Edinburg, Texas on this the 2nd day
of May, 2024.
LAURA HINOJOSA, DISTRICT CLERK
100 N. CLOSNER, EDINBURG, TEX.
OAT. Hing
HIDALGO. COUNTY, TEXAS <9,
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VALERIE MORENO, DEPUTY
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OFFICER’S RETURN
Came to hand the day of , 202 at o’clock -m. and executed on the day
of , 202 at o’clock -m. by delivering the within named Defendant,
at in County, Texas, in
person, a true copy of this Writ of Temporary Restraining Order and Notice and the accompanying copy of
Plaintiff's petition.
Fees: $
$
BY:
DEPUTY