Preview
FILED
5/22/2024 10:50 AM
GREG L. RIKARD
JUSTICE OF THE PEACE PCT 1
GALVESTON COUNTY, TX
24-DC01-0598
Cause No:________________
CONN APPLIANCES, INC., IN THE JUSTICE OF THE PEACE
Plaintiff,
vs. PRECINCT 1 PLACE 1
JOSEPH SPURGEON ,
Defendant. GALVESTON COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
Parties
Plaintiff, Conn Appliances, Inc., brings this debt claim case, which is within the
jurisdictional limits of this Court, under Rules 500-507 and 508 of the Texas Rules of Civil
Procedure.
1. Plaintiff is an entity organized and existing under the laws of the United States of
America and authorized to bring this action in the State of Texas.
2. Defendant, JOSEPH SPURGEON resides at 1013 17TH AVE N TEXAS CITY TX
77590, or wherever they may be found, which is also where service of process can be made upon
the Defendant.
Venue
3. Venue is proper in Galveston County, Texas under Section 15.002(a)(2) of the Texas
Civil Practice and Remedies Code because it is the county of residence for one or more of the
Defendant at the time the cause of action accrued.
Contract Claim
4. Plaintiff’s claim is for Breach of Contract. The claim arises from a contract entered into
by Joseph Spurgeon with Conn Appliances, Inc., Account No. XXXXX4671 ( _ a Age ) D.o.8 SSN
Borrower 35 QR - ©0e-& 4457
=179336C930084CC...
Recibf un resumen del contrato en espanol
Treécéived a summary of the contract in Spanish.
ASSIGNMENT: FOR VALUED RECEIVED, the Lender hereby sells, assigns and transfers to Conn Credit |, LP a Texas
Limited Partnership ("Assignee") (a) all of its rights, title and, interest in and to this Note, (b) all of its right, title and interest in
and to the indebtedness evidenced hereby or payable hereunder, and (c) all of its right, title and interest in and to all security
interests provided herein, including all of its right, title and interest in and to the Property, together with all monies now and
hereafter due and or to become.due thereon. Conn Appliances, Inc. ("Servicer") will carry out all servicing responsibilities.
Unless Lender, Assignee, Servicer, or JPMorgan Chase Bank, N.A. notifies Borrower otherwise, all payments under this Note
must be made to Servicer.
SOLD, ASSIGNED, AND TRANSFERRED TO
CONN CREDIT |, LP by CONN CRED! T CORPORATION, INC.
i
Authorized Signature of Conn Credit Corporation, Inc.
3295 College Street
Beaumont, Texas 77701
HC# 4819-6501-6120TXSI v.6 Rev. 07/01/2022 Page 4 of 4
TO CONTACT CONN'SCUSTOMER SERVICE HELPDESK CALL 1-877-358-1252
DocuSign Envelope ID: 315FD8C2-C459-464D-A712-5A149CF13C4C
PR =] me OSEPH URGEON ; = E > 2: 12: 4AM HomePius |
ee -**_AAS7
Account Type: CHARGEOFF Original Amount:
Address1: 1013 17TH AVE N Account Status: OPEN First Payment Due Date:
Address2:; Is In SCRA Status: N Original Maturity Date:
City, State Zip: TEXAS CITY, TX 77590 Amortization Type: N/A Original Term: 34
Email Address: Origination State:
Home Phone: 409-771-9023 Contract Date: 12/31/2022
Cell Phone: 409-771-9023 Contract Rate:
Empl Phone: 409-771-9023
Chargeoff Amount: $1,907.17
Collateral Desc 1: 248/041064197/lY 1407.23 SCR Accrual Rate: Chargeoff Date: 12/31/2023
Collateral Desc 2: Current Term: 34
Current Balance: $1,764.81 Chargeoff Account Number:
Payoff Amount: $0.00 Original Account Number: 4671
Past Due Amount: $0.00
Maturity Date: 11/14/2025
Total Due Amount: $0.00 Number of NSF Reversals: tt)
Payment Due Date: Number of Deferrals: 0
Days Delinquent: Last Deferral Effective Date:
Number of Pymnts Past Due: Current Unearned Amount:
Rate Program Code: NONE
Rate In Promotion Period:
Rate Program Expire Date:
02/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
03/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
07/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
08/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
09/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
10/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
11/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
12/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
12/31/2023 ADDCHOF ADD CHARGE-OFF $1,535.72 $1,492.71 $0.00 $0.00 $0.00 $1,907.17
01/26/2024 CHGCRAD RSA CX-INV 41064197 $142.36 $142.36 $0.00 $0.00 $0.00 $1,764.81
Page 1 of 1
AC umbe! 2 les e -Ye@ Yar R, st Date: INIA 1-4
R =] ime OSEPH URGEON ; = Z =} 2; 12) 714 AM HomePius
ee -**_AAS7
Account Type: CHARGEOFF Original Amount:
Address1: 1013 17TH AVE N Account Status: OPEN First Payment Due Date:
Address2:; Is In SCRA Status: N Original Maturity Date:
City, State Zip: TEXAS CITY, TX 77590 Amortization Type: N/A Original Term: 34
Email Address: Origination State:
Home Phone: 409-771-9023 Contract Date: 12/31/2022
Cell Phone: 409-771-9023 Contract Rate:
Empl Phone: 409-771-9023
Chargeoff Amount: $1,907.17
Collateral Desc 1: 248/041064197/lY 1407.23 SCR Accrual Rate: Chargeoff Date: 12/31/2023
Collateral Desc 2: Current Term: 34
Current Balance: $1,764.81 Chargeoff Account Number:
Payoff Amount: $0.00 Original Account Number: Hl 4671
Past Due Amount: $0.00
Maturity Date: 11/14/2025
Total Due Amount: $0.00 Number of NSF Reversals: tt)
Payment Due Date: Number of Deferrals: 0
Days Delinquent: Last Deferral Effective Date:
Number of Pymnts Past Due: Current Unearned Amount:
Rate Program Code: NONE
Rate In Promotion Period:
Rate Program Expire Date:
02/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
03/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
07/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
08/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
09/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
10/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
11/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
12/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17
12/31/2023 ADDCHOF ADD CHARGE-OFF $1,535.72 $1,492.71 $0.00 $0.00 $0.00 $1,907.17
01/26/2024 CHGCRAD RSA CX-INV 41064197 $142.36 $142.36 $0.00 $0.00 $0.00 $1,764.81
Page 1 of 1
Cause No.
CONN APPLIANCES, INC., IN THE JUSTICE OF THE PEACE
Plaintiff,
vs. PRECINCT 1 PLACE 1
JOSEPH SPURGEON ,
Defendant. GALVESTON COUNTY, TEXAS
NON-MILITARY DECLARATION UNDER PENALTY OF PERJURY PURSUANT TO
TEX. CIV. PRAC. & REM. CODE § 132.001
Pursuant to Texas Civil Practice and Remedies Code §132.001, which provides that "an
unsworn declaration may be used in lieu of a written sworn declaration, verification,
certification, oath or affidavit required by statute or required by a rule, order, or requirement
adopted as provided by law," and Texas Business and Commerce Code §322.007 which provides
that "if a law requires a record to be in writing, an electronic record satisfies the law" and "if a
law requires a signature, an electronic signature satisfies the law," the undersigned attorney
hereby submits the following unsworn declaration under penalty of perjury as to the military
status of the Defendant Joseph Spurgeon:
1. I am employed as an attorney by the law firm of Johnson Mark, LLC, which is the law
firm representing Plaintiff in the above-styled cause. I am one of the attorneys responsible for
overseeing the litigation of this cause.
2. The Department of Defense Manpower Data Center indicates that the Defendant is not
currently on active duty, has not been on active duty in the past 367 days, or has not been
notified of a future call-up to active duty in any branch of the Armed Forces. A copy of the
results are attached.
3. Based upon my review of the matter, the attached results, and to the best of my
knowledge, the Defendant is not currently on active duty in any branch of the Armed Forces.
My name is Wade Price, my date of birth is XX/XX/1986, and my address is P.O. Box
7811 Sandy, Utah 84091, and United States of America. I declare under penalty of perjury that
the foregoing is true and correct.
Executed in Salt Lake County, State of Utah, on May 17, 2024.
JOHNSON MARK LLC
By /s/Wade Price
Wade Price SBN 24135428
Matthew Clark SBN 24100155
Victoria Barboza SBN 24116069
Darren Bender SBN 24099904
Jason Pelak SBN 24076615
P.O. Box 7811 Sandy, Utah 84091-7811
Tel 855-600-3623 Texasattorneys@jmlaw.com
Attorneys for Plaintiff
24-42972
Department of Defense Manpower Data Center Results as of : May-17-2024 04:01:48 PM
SCRA 5.20
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XKX-4457
Birth Date: Nov-XX-1987
Last Name: SPURGEON
First Name: JOSEPH
Middle Name:
Status As Of: May-17-2024
Certificate ID: © W2SOOXWZJWNN1GL
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals’ active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public
Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Sam Gouse acLete
Sam Yousefzadeh, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
IAM
In re: JOSEPH SPURGEON
@abclega
916 NW 6th St Suite C, Oklahoma City, OK 73106
Phone: 214-920-9688
0133234-956
PARTNER
ABC E-File Texas
E-FILE ONLY, Dallas, TX 75220
Clerk of the Justice Court
Galveston County, Texas
2516 Texas Avenue ORIGINAL PETITION 3 CIVIL CASE
Texas City, TX 77590 JUSTICE COURT
RE: Conn Appliances, Inc. vs. JOSEPH SPURGEON; TX Precinct 1 Justice Court for Galveston County
Dear Sir or Madam:
Enclosed please find the following documents:
" Cover letter
" Original Petition (Original plus copies)
Instructions:
" Please file the Original Petition
" Please issue a separate Citation for each defendant for service by a private process server
The Citation(s) should be issued to:
JOSEPH SPURGEON
1013 17TH AVE N
TEXAS CITY, TX 77590
" Please return this coversheet, the original Citation, and a filed-stamped copy of the Original
Petition to ABC Legal by:
Mail to ABC Legal at 916 NW 6th Street Suite C Oklahoma City, OK 73106
aie
Hold for pickup by local ABC courier
X Email to TXefile@abclegal.com
Thank you in advance for your assistance!
ABC Legal Services
** Please do not throw me away **
Return this page with the citation and petition
In re: JOSEPH
0133234-956
This barcode is very important to us
Generated: 05/22/2024
Preview
FILED 5/22/2024 10:50 AM GREG L. RIKARD JUSTICE OF THE PEACE PCT 1 GALVESTON COUNTY, TX 24-DC01-0598 Cause No:________________ CONN APPLIANCES, INC., IN THE JUSTICE OF THE PEACE Plaintiff, vs. PRECINCT 1 PLACE 1 JOSEPH SPURGEON , Defendant. GALVESTON COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: Parties Plaintiff, Conn Appliances, Inc., brings this debt claim case, which is within the jurisdictional limits of this Court, under Rules 500-507 and 508 of the Texas Rules of Civil Procedure. 1. Plaintiff is an entity organized and existing under the laws of the United States of America and authorized to bring this action in the State of Texas. 2. Defendant, JOSEPH SPURGEON resides at 1013 17TH AVE N TEXAS CITY TX 77590, or wherever they may be found, which is also where service of process can be made upon the Defendant. Venue 3. Venue is proper in Galveston County, Texas under Section 15.002(a)(2) of the Texas Civil Practice and Remedies Code because it is the county of residence for one or more of the Defendant at the time the cause of action accrued. Contract Claim 4. Plaintiff’s claim is for Breach of Contract. The claim arises from a contract entered into by Joseph Spurgeon with Conn Appliances, Inc., Account No. XXXXX4671 ( _ a Age ) D.o.8 SSN Borrower 35 QR - ©0e-& 4457 =179336C930084CC... Recibf un resumen del contrato en espanol Treécéived a summary of the contract in Spanish. ASSIGNMENT: FOR VALUED RECEIVED, the Lender hereby sells, assigns and transfers to Conn Credit |, LP a Texas Limited Partnership ("Assignee") (a) all of its rights, title and, interest in and to this Note, (b) all of its right, title and interest in and to the indebtedness evidenced hereby or payable hereunder, and (c) all of its right, title and interest in and to all security interests provided herein, including all of its right, title and interest in and to the Property, together with all monies now and hereafter due and or to become.due thereon. Conn Appliances, Inc. ("Servicer") will carry out all servicing responsibilities. Unless Lender, Assignee, Servicer, or JPMorgan Chase Bank, N.A. notifies Borrower otherwise, all payments under this Note must be made to Servicer. SOLD, ASSIGNED, AND TRANSFERRED TO CONN CREDIT |, LP by CONN CRED! T CORPORATION, INC. i Authorized Signature of Conn Credit Corporation, Inc. 3295 College Street Beaumont, Texas 77701 HC# 4819-6501-6120TXSI v.6 Rev. 07/01/2022 Page 4 of 4 TO CONTACT CONN'SCUSTOMER SERVICE HELPDESK CALL 1-877-358-1252 DocuSign Envelope ID: 315FD8C2-C459-464D-A712-5A149CF13C4C PR =] me OSEPH URGEON ; = E > 2: 12: 4AM HomePius | ee -**_AAS7 Account Type: CHARGEOFF Original Amount: Address1: 1013 17TH AVE N Account Status: OPEN First Payment Due Date: Address2:; Is In SCRA Status: N Original Maturity Date: City, State Zip: TEXAS CITY, TX 77590 Amortization Type: N/A Original Term: 34 Email Address: Origination State: Home Phone: 409-771-9023 Contract Date: 12/31/2022 Cell Phone: 409-771-9023 Contract Rate: Empl Phone: 409-771-9023 Chargeoff Amount: $1,907.17 Collateral Desc 1: 248/041064197/lY 1407.23 SCR Accrual Rate: Chargeoff Date: 12/31/2023 Collateral Desc 2: Current Term: 34 Current Balance: $1,764.81 Chargeoff Account Number: Payoff Amount: $0.00 Original Account Number: 4671 Past Due Amount: $0.00 Maturity Date: 11/14/2025 Total Due Amount: $0.00 Number of NSF Reversals: tt) Payment Due Date: Number of Deferrals: 0 Days Delinquent: Last Deferral Effective Date: Number of Pymnts Past Due: Current Unearned Amount: Rate Program Code: NONE Rate In Promotion Period: Rate Program Expire Date: 02/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 03/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 07/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 08/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 09/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 10/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 11/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 12/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 12/31/2023 ADDCHOF ADD CHARGE-OFF $1,535.72 $1,492.71 $0.00 $0.00 $0.00 $1,907.17 01/26/2024 CHGCRAD RSA CX-INV 41064197 $142.36 $142.36 $0.00 $0.00 $0.00 $1,764.81 Page 1 of 1 AC umbe! 2 les e -Ye@ Yar R, st Date: INIA 1-4 R =] ime OSEPH URGEON ; = Z =} 2; 12) 714 AM HomePius ee -**_AAS7 Account Type: CHARGEOFF Original Amount: Address1: 1013 17TH AVE N Account Status: OPEN First Payment Due Date: Address2:; Is In SCRA Status: N Original Maturity Date: City, State Zip: TEXAS CITY, TX 77590 Amortization Type: N/A Original Term: 34 Email Address: Origination State: Home Phone: 409-771-9023 Contract Date: 12/31/2022 Cell Phone: 409-771-9023 Contract Rate: Empl Phone: 409-771-9023 Chargeoff Amount: $1,907.17 Collateral Desc 1: 248/041064197/lY 1407.23 SCR Accrual Rate: Chargeoff Date: 12/31/2023 Collateral Desc 2: Current Term: 34 Current Balance: $1,764.81 Chargeoff Account Number: Payoff Amount: $0.00 Original Account Number: Hl 4671 Past Due Amount: $0.00 Maturity Date: 11/14/2025 Total Due Amount: $0.00 Number of NSF Reversals: tt) Payment Due Date: Number of Deferrals: 0 Days Delinquent: Last Deferral Effective Date: Number of Pymnts Past Due: Current Unearned Amount: Rate Program Code: NONE Rate In Promotion Period: Rate Program Expire Date: 02/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 03/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 07/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 08/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 09/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 10/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 11/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 12/24/2023 ASSESFEE ASSESS FEE TO ACCOUNT $3.89 $0.00 $0.00 $0.00 $3.89 $1,907.17 12/31/2023 ADDCHOF ADD CHARGE-OFF $1,535.72 $1,492.71 $0.00 $0.00 $0.00 $1,907.17 01/26/2024 CHGCRAD RSA CX-INV 41064197 $142.36 $142.36 $0.00 $0.00 $0.00 $1,764.81 Page 1 of 1 Cause No. CONN APPLIANCES, INC., IN THE JUSTICE OF THE PEACE Plaintiff, vs. PRECINCT 1 PLACE 1 JOSEPH SPURGEON , Defendant. GALVESTON COUNTY, TEXAS NON-MILITARY DECLARATION UNDER PENALTY OF PERJURY PURSUANT TO TEX. CIV. PRAC. & REM. CODE § 132.001 Pursuant to Texas Civil Practice and Remedies Code §132.001, which provides that "an unsworn declaration may be used in lieu of a written sworn declaration, verification, certification, oath or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law," and Texas Business and Commerce Code §322.007 which provides that "if a law requires a record to be in writing, an electronic record satisfies the law" and "if a law requires a signature, an electronic signature satisfies the law," the undersigned attorney hereby submits the following unsworn declaration under penalty of perjury as to the military status of the Defendant Joseph Spurgeon: 1. I am employed as an attorney by the law firm of Johnson Mark, LLC, which is the law firm representing Plaintiff in the above-styled cause. I am one of the attorneys responsible for overseeing the litigation of this cause. 2. The Department of Defense Manpower Data Center indicates that the Defendant is not currently on active duty, has not been on active duty in the past 367 days, or has not been notified of a future call-up to active duty in any branch of the Armed Forces. A copy of the results are attached. 3. Based upon my review of the matter, the attached results, and to the best of my knowledge, the Defendant is not currently on active duty in any branch of the Armed Forces. My name is Wade Price, my date of birth is XX/XX/1986, and my address is P.O. Box 7811 Sandy, Utah 84091, and United States of America. I declare under penalty of perjury that the foregoing is true and correct. Executed in Salt Lake County, State of Utah, on May 17, 2024. JOHNSON MARK LLC By /s/Wade Price Wade Price SBN 24135428 Matthew Clark SBN 24100155 Victoria Barboza SBN 24116069 Darren Bender SBN 24099904 Jason Pelak SBN 24076615 P.O. Box 7811 Sandy, Utah 84091-7811 Tel 855-600-3623 Texasattorneys@jmlaw.com Attorneys for Plaintiff 24-42972 Department of Defense Manpower Data Center Results as of : May-17-2024 04:01:48 PM SCRA 5.20 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XKX-4457 Birth Date: Nov-XX-1987 Last Name: SPURGEON First Name: JOSEPH Middle Name: Status As Of: May-17-2024 Certificate ID: © W2SOOXWZJWNN1GL On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals’ active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Sam Gouse acLete Sam Yousefzadeh, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. IAM In re: JOSEPH SPURGEON @abclega 916 NW 6th St Suite C, Oklahoma City, OK 73106 Phone: 214-920-9688 0133234-956 PARTNER ABC E-File Texas E-FILE ONLY, Dallas, TX 75220 Clerk of the Justice Court Galveston County, Texas 2516 Texas Avenue ORIGINAL PETITION 3 CIVIL CASE Texas City, TX 77590 JUSTICE COURT RE: Conn Appliances, Inc. vs. JOSEPH SPURGEON; TX Precinct 1 Justice Court for Galveston County Dear Sir or Madam: Enclosed please find the following documents: " Cover letter " Original Petition (Original plus copies) Instructions: " Please file the Original Petition " Please issue a separate Citation for each defendant for service by a private process server The Citation(s) should be issued to: JOSEPH SPURGEON 1013 17TH AVE N TEXAS CITY, TX 77590 " Please return this coversheet, the original Citation, and a filed-stamped copy of the Original Petition to ABC Legal by: Mail to ABC Legal at 916 NW 6th Street Suite C Oklahoma City, OK 73106 aie Hold for pickup by local ABC courier X Email to TXefile@abclegal.com Thank you in advance for your assistance! ABC Legal Services ** Please do not throw me away ** Return this page with the citation and petition In re: JOSEPH 0133234-956 This barcode is very important to us Generated: 05/22/2024