3063543001 /EV1
`
`Rhonda Burks
`
`CAUSE NUMBER: DC—19—O6553
`
`FILED
`DALLAS COUNTY
`10/31/2019 3:32 PM
`FELICIA PITRE
`DISTRICT CLERK
`
`State Farm Mutual Automobile
`
`Insurance Company
`
`Plaintiff,
`
`V.
`
`Maria Sanchez
`
`and Cristian Hernandez Garica,
`
`Defendants
`
`VVVVVVVVVVV
`
`DALLAS 44TH DISTRICT COURT OF
`THE STATE OF TEXAS
`
`Dallas County, Texas
`
`PLAINTIFF’S MOTION TO ENTER JUDGMENT
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`NOW COMES Plaintiff State Farm Mutual Automobile Insurance Company,
`Movant herein, and brings this Motion to Enter Judgment.
`In support hereof, Movant
`shows the following:
`
`A. Plaintiff sued Defendants for claims arising from an automobile accident which
`occurred on or about April 28, 2018 about the area of Bruton Road and McKim
`Drive, Mesquite, Texasbetween Plaintiff’s insured and a vehicle negligently
`operated by Defendant Maria Sanchez, with the knowledge and permission of
`the vehicle's owner, Cristian Hernandez Garica. As a proximate result of
`Defendant's negligence, Plaintiff’s insured vehicle, and the occupant(s) thereof
`sustained damages in the amount of $13,930.85. Plaintiff, pursuant to the
`insurance policy with its insured, compensated its insured for said damages
`directly and proximately caused by Defendants and is now subrogated to that
`amount.
`
`B. Defendants, although duly served with process, have failed to file an answer.
`
`C. Plaintiff supports its claims for damages in the amount of $13,930.85 by Plaintiff’s
`affidavit and business records. These business records have been maintained in
`
`the ordinary course of its business affairs and as part of the regular business
`practice of Insurer to make such records. All such business records were made
`at or near the time of the occurrence of the matters set forth by, or from
`information transmitted by, a person with knowledge of those matters.
`
`D. The Court has been presented with a default judgment in favor of Plaintiff, State
`Farm Mutual Automobile Insurance Company which is attached hereto and
`incorporated as referenced as if set out in full.
`
`TX MD} Dallas.Doc-20190712
`
`

`

`WHEREFORE, PREMISES CONSIDERED, Plaintiff prays this Court will GRANT this
`motion and will enterjudgment, attached hereto, in favor of Plaintiff, and for such other
`and further relief that may be awarded at law or in equity.
`
`Respectfully submitted:
`
`ls/ Rebecca W. Wright
`Rebecca W. Wright, #24085009
`Jessica Lobes, #24083405
`
`John M. Lamerson, #24076495
`
`Jared B. Hall, #24055615
`
`Rathbone Group, LLC
`5930 Royal Lane, Ste E #515
`Dallas, TX 75230—3896
`(800) 870-5521 phone
`RWri ht
`rathbone rou .com
`
`JLobes
`
`rathbone rou .com
`
`JLamerson
`
`rathbone rou .com
`
`JHall
`
`rathbone rou .com
`
`TX MD} Dallas.Doc-20190712
`
`

`

`3063543001 /EV1
`
`CAUSE NUMBER: DC-19-06553
`
`State Farm Mutual Automobile
`
`Insurance Company
`
`Plaintiff,
`
`v.
`
`Maria Sanchez
`
`and Cristian Hernandez Garica,
`
`Defendants
`
`VVVVVVVVVVV
`
`DALLAS 44TH DISTRICT COURT OF
`THE STATE OF TEXAS
`
`Dallas County, Texas
`
`CERTIFICATE OF LAST KNOWN MAILING ADDRESS
`
`I certify that the last known mailing address of the Defendants against whom
`judgment is taken in the above-entitled and number cause is:
`
`Cristian Hernandez Garica
`
`2605 Seagoville Rd
`Seagoville, TX 75159-2020
`
`Maria Sanchez
`
`318 Crenshaw Drive
`Dallas, 75217
`
`Respectfully submitted,
`
`ls/ Rebecca W. Wright
`Rebecca W. Wright, #24085009
`Jessica Lobes, #24083405
`
`John M. Lamerson, #24076495
`
`Jared B. Hall, #24055615
`
`Rathbone Group, LLC
`5930 Royal Lane, Ste E #515
`Dallas, TX 75230—3896
`
`(800) 870-5521 phone
`RWri ht
`rathbone rou .com
`
`JLobes
`
`rathbone rou .com
`
`JLamerson
`
`rathbone rou .com
`
`JHall
`
`rathbone rou .com
`
`TX MD} Dallas.Doc-20190712
`
`

`

`8063543001 / EV1
`
`CAUSE NUMBER: DC-‘i 9-06553
`State Farm Mutual Automobile
`Insurance Company
`
`Plaintiff,
`
`V.
`
`Maria Sanchez
`and Christian Hernandez Garcia,
`
`DALLAS 44TH DISTRICT COURT OF
`THE STATE OF TEXAS
`Dallas County, Texas
`
`Vvvvvvvvvvv
`
`Defendants
`AFFIDAVIT IN SUPPORT OF DEFAULT JUDGMENT
`Before me, the undersigned authority, personaily appeared Rebecca W. Wright a
`person whose identity is known to me, who being by me duly sworn, deposed as
`follows:
`l am over
`My name is Rebecca W. Wright. | am capable of making this affidavit.
`the age 0f 21 and | am of sound mind. | am the attorney in charge ofthis case forthe
`I have prepared and submitted the attached default judgment. The facts
`Plaintiff.
`stated within this affidavit filed in support 0fthe default judgment are within my personal
`knowledge and are true and correct. The following facts are known to me:
`
`1.
`
`Plaintiff, State Farm Mutual Automobile Insurance Company, sued Defendants
`Maria Sanchez and Cristian Hernandez Garica for damages arising from an
`automobile accident;
`Defendant Christian Hernandez Garcia was served on June 14, 2019, and
`Defendant Maria Sanchez was served 0n October 4, 2019 with Plaintiff's Petition.
`
`Defendants failed to file an answer in this court.
`
`l, and other attorneys employed by Plaintiff's counsel's firm, have spent in excess
`0f 2.0 hours in preparing and fiiing the petition and summons, following for
`serivce of process, and preparing this motion.
`
`I am of the opinion that a fee award of $250.00 per hour, for a total award of at
`least $500.00 is entirely reasonable in light ofthe novelty and difficuity of the
`questions of law involved, the Skill requisite to properly perform the legal services
`called for herein, the fee customarily Charged in this locality for similar services,
`
`TX MD} Dalias. 00020190712
`
`

`

`the amounts involved, and the experience eputation, and ability of me and the
`
`other attorneys at my firm who have7 med the services referenced above.
`
`Further Affiant sayeth not.
`
`SUBSCRIBED AND SWORN O this
`My commission expires:
`
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`
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`
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`,20fl_.
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`55%
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`Steven E.A|sip.AttomeyAtLaw
`NOTARYPusuc-STATE 0FOHlo
`I
`*5 Myoommissionhasnoexpirafiondate
`§* '
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`§
`Sec. 147.03 R.C.
`9‘
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`TX MD} Dallas.Doc-20190712
`
`

`

`§ 542.302. Recovery in Suit or Other Action, TX INS § 542.302
`
`Vernon's Texas Statutes and Codes Annotated
`
`Insurance Code
`
`Subchapter G. Insurer‘s Recovery from Uninsured Third Party (Refs & Annos)
`
`Title 5. Protection of Consumer Interests (Refs 8r Annos)
`Subtitle C. Deceptive, Unfair, and Prohibited Practices
`Chapter 542. Processing and Settlement of Claims
`
`V.T.C.A., Insurance Code § 542.302
`
`§ 542.302. Recovery in Suit or Other Action
`
`Effective: September 1, 2007
`Currentness
`
`An insurer that brings suit or takes other action described by Section 542.202 against a responsible third party relating
`to a loss that is covered under a private passenger automobile insurance policy issued by the insurer and for which the
`responsible third party is uninsured is entitled to recover, in addition to payments made by the insurer or insured, the
`costs of bringing the suit or taking the action, including reasonable attorney's fees and court costs.
`
`C redits
`
`Added by Acts 2005, 79th Leg., ch. 1074., § 1, eff. Sept. 1, 2007. Redesignatcd from V.A.T.S. Insurance Code, art.
`21.791103) and amended by Acts 2007, SOth Leg. ch. 730. § 3B.020(a}. eff. Sept. 1. 2007; Acts 2007, 80th Leg.1 ch. 921,
`§9.020(a}. eff. Sept. 1.2007.
`
`V. T. C. A., Insurance Code§ 542.302, TX [NS§ 542.302
`Current through the end ofthe 2017' Regular and First Called Sessions of the 85th Legislature
`
`land of Document
`
`K
`
`Iill h l'lmmmn Reuters. :\o claim to original l..$.{jmc1'im1clil \\ m'ks.
`
`TX MD} Dallas.Doc-20190712
`
`

`

`3063543001 / EV1
`
`CAUSE NUMBER: DC-1 9-06553
`
`State Farm Mutual Automobile
`Insurance Company
`
`)
`
`)
`
`.
`
`P'amt'fiu
`
`.
`
`V
`
`Maria Sanchez
`and Christian Hernandez Garcia,
`
`) DALLAS 44TH DISTRICT COURT 0F
`THE STATE 0F TEXAS
`Dallas County, Texas
`
`)
`
`g
`
`)
`
`)
`
`g
`
`) )
`
`)
`
`Defendants
`MILITARY SERVICE AFFIDAVIT IN SUPPORT OF DEFAULT JUDGMENT
`Before me, the undersigned authority, personally appeared Rebecca W. Wright,
`a person whose identity is known to me, who being by me duly sworn, deposed as
`follows:
`| am over
`My name is Rebecca W. Wright. | am capable of making this affidavit.
`the age of 21 and | am of sound mind. | am the attorney in charge of this case for the
`| have prepared and submitted the attached default judgment. The facts
`Plaintiff.
`stated within this affidavit filed in support of the default judgment are within my personal
`knowledge and are true and correct. The following facts are known to me:
`Defendant Cristian Hernandez Garica is not engaged in active military service.
`As shown in the attached results of a military verification search of the Department of
`Defense Manpower Data Center (DMDC) online database at
`https://www.dmdc.osd.mil/appj/scra/scraHome.do, is not listed on active military service.
`Said report is incorporated by reference into this affidavit.
`
`Further Affiant sayeth not.
`
`1X MD! Dallas.Doc-20190712
`
`'
`
`.
`
`=
`* E
`
`Steven E. Alsip. Attorney At Law
`NOTARY PUBLIC - STATE 0F OHIO
`My commission has no expirafion date
`Sec. 147.03 R.C.
`
`x
`
`¥
`:-
`
`O9“
`‘\s
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`
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`
`

`

`Department of Defense Manpower Data Center
`
`ReSU"SaS°*=0°“31‘2°19°3”8126PM
`SCRA 5.1
`
`
`
`Status Report
`Pursuant to Sewicemembm Civil Relieffict
`
`SSN:
`
`XXX-XX-671 5
`
`Birth Date:
`
`Jan-XX-1994
`
`Last Name:
`
`GARCIA
`
`First Name:
`
`CHRISTIAN
`
`Middle Name:
`
`HERNANDEZ
`
`Status As Of:
`
`
`On Active Duty On Active Duty Status Date
`ActiveDutvEnd Dare
`ActiveDutvStanDate
`BASED ON THE PERSONAL INFORMATION YOU PROVIDED, THERE ARE MULTIPLE RECORDS; ACCORDINGLY. DMDC CANNOT DEFINITIVELY IDENTIFY THE INDIVIDUAL AND IS UNABLE TO
`RELEASE ANY INFORMATION. WE STRONGLY RECOMMEND IN THIS CASE THAT YOU CALL THE SERVICE SCRA FOR ADDITIONAL VERIFICATION. A URL FOR THE SERVICE SCRA POINTS—
`
`OF-CONTACT IS PROVIDED BELOW.
`
`HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
`ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
`IDENTIFY AN INDIVIDUAL.
`
`7-MMW
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`

`

`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. ? 501 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 (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. 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. ? 521(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.
`
`

`

`3063543001 / EV1
`
`CAUSE NUMBER: DC-19-06553
`
`State Farm Mutual Automobile
`Insurance Company
`
`Plaintiff.
`
`Maria Sanchez
`and Christian Hernandez Garcia,
`
`DALLAS 44TH DISTRICT COURT OF
`THE STATE OF TEXAS
`Dallas County, Texas
`
`vvvvvvvvvvvvv
`
`Defendants
`MILITAflY SEfRVICE AFFIQAVIT IN SUPPORT OF DEFAULT JUDGMENT
`Before me, the undersigned authority, personally appeared Rebecca W. Wright,
`a person whose identity is known to me, who being by me duly sworn, deposed as
`follows:
`My name is Rebecca W. Wright. | am capable of making this affidavit.
`I am over
`the age of 21 and | am of sound mind. | am the attorney in charge of this case for the
`| have prepared and submitted the attached defaultjudgment. The facts
`Plaintiff.
`stated within this affidavit filed in support of the defaultjudgment are within my personal
`knowledge and are true and correct. The following facts are known to me:
`Defendant Maria Sanchez is not engaged in active military service. As shown in
`the attached results of a military verification search of the Department of Defense
`Manpower Data Center (DMDC) online database at
`https://www.dmdc.osd.mil/appj/scra/scraHome.do, is not listed on active military service.
`Said report is incorporated by reference into this affidavit.
`
`Further Affiant sayeth not.
`
`SUBSCRIBED AND SWORN TO this
`My commission expires:
`
`/
`Rebecca W. Wr
`5rday of
`
`'
`
`i9
`
`/
`
`, 20E.
`
`'
`
`AtLaw
`Steven E. Alsm. Attorney
`NOTARY PUBLIC - STATE Of OHIO
`My commission has no expirahon date
`Sec. 147.03 R.C.
`
`‘\6“ P‘
`\sé
`Notary Public in aer'TbfiFe statf‘g'. ’ _.
`
`'
`
`l€,"’
`(66"
`u‘
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`TX MDJ Dallas.Doc-20190712
`
`'
`
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`I,
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`
`‘
`
`

`

`Department of Defense Manpower Data Center
`
`ReSU"SaS°*=0°“31‘2°19°3”5156PM
`SCRA 5.1
`
`
`
`Status Report
`Pursuant to Servicemember. Civil Reliet'Act
`
`SSN:
`
`XXX-XX-7073
`
`Birth Date:
`
`Nov-XX-197O
`
`Last Name:
`
`SANCHEZ
`
`First Name:
`
`MARIA
`
`Middle Name:
`
`Status As Of:
`
`Oct-312019
`
`86MMBVCPFZ4DK4B
`Certificate ID:
`
`
`On Active Duty On Active Duty Status Date
`
`This response reflects the individuals' active duty status based on the Active Duty Status Date
`
`
`
`Active Duty Start Date
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`Active Duty End Date
`
`Service Component
`
` ————_
`
`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
`
`
`
`
`NA
`No
`NA
`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, 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.
`
`7- WW
`
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`

`

`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. ? 501 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 (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. 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. ? 521(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.
`
`

`

`
`
`
`
`*525648791'
`
`FILED
`DALLAS COUNTY
`6/18/201911:25 AM
`FELICIA PITRE
`DISTRICT CLERK
`
`Felicia Pitre
`
`CASE NO.: DC—19—06553
`
`.StateiacmMutualAutomnhileJnsuLanceLQmpany
`
`VS.
`
`man-immunity!
`
`IN THE
`
`Dallas County 44th District Court
`
`Dallas COUNTY, TX
`
`RETQRN QF §ER VICE
`
`I, Lotena Strawther, do state that the following is true and correct:
`
`That I am over the age of eighteen, not a party to this suit, and have no interest in the outcome of the suit. I have met the
`criteria and I am authorized to serve process in the State of Texas.
`
`On May 17, 2019 at 9:05 AM, I received a Citation; Plaintiffs Original Petition to be delivered to Cristian Hernandez Garica at
`318 Crenshaw Drive , Dallas, TX 75217.
`
`That onJune 14, 2019 at 8:45 PM, | Personally Delivered said documents to Cristian Hernandez Garica at 318 Crenshaw Drive
`, Dallas, TX 75217 in the county of DALLAS.
`
`Description of Person Accepting Service:
`Sex: Male Race: Hispanic or Latino Height: 5ft 5in Weight: 145 Hair: Salt and Pepper
`
`Military Status: N/A
`
`Marriage Status: N/A
`
`My name is Lotena Strawther, my date of birth is 10/02/1967, and EZ
`Messenger's address is 11OOJupiter Rd Suite 170, Plano, TX75074, USA.
`I declare under penalty of perjury that the foregoing is true and correct.
`Executed in DALLAS County, State of TX on June 14,2019.
`
`(2_
`
`
`PSC: 2483; EXP: 12/31/2019
`
`EZ MESSENGER
`
`11OOJupiter Rd Suite 170
`Plano, TX75074
`214-748-4200
`
`txupdates@ezmessenger.com
`
`Client File #:3063543
`
`Rathbone Group, LLC
`
`Total Service Costs: 75.00
`
`

`

`FILED
`DALLAS COUNTY
`10/4/20191:14 PM
`FELICIA PITRE
`DISTRICT CLERK
`
`Shelia Bradley
`
`
`
`
`
`#5255399:-
`
`CASE NO.: DC—19—06553
`
`NOTICE — This document contains sensitive information
`
`State Farm Mutual Automobile Insurance Company
`
`IN THE
`
`vs.
`
`Dallas County 44th District Court
`
`Maria Sanchez and Cristian Hernandez Garica
`
`M COUNTY, TX
`
`RETURN OF SUBSTITUTE SERVICE
`
`|, Lotena Strawther, do state that the following is true and correct:
`
`That I am over the age of eighteen, not a party to this suit, and have no interest in the outcome of the suit. I have met the
`
`criteria and I am authorized to serve process in the State of Texas.
`
`That on 09/27/2019 at 9:00 AM, I received a Citation; Plaintiffs Original Petition, Order for Substitute Service to be delivered
`to Maria Sanchez at 318 Crenshaw Drive, Dallas, TX 75217.
`
`That, per the Court's Order for Substituted Service, on October 04, 2019, at 12:08 PM, | affixed a true and correct copy ofthe
`
`Citation; Plaintiffs Original Petition, Order for Substitute Service to the front entrance at Maria Sanchez's usual place of
`
`residence, 318 Crenshaw Drive , Dallas, TX75217 in the county ofDALLAS, after first attempting to serve Maria Sanchez
`
`personally and also by attempting to leave with anyone over the age of sixteen.
`
`My name is Lotena Strawther, my date of birth is 10/02/1967, and my
`
`EZ MESSENGER
`
`address is
`
`1100Jupiter Rd Suite 170, Plano, TX75074, USA.
`
`1100Jupiter Rd Suite 170
`
`Plano, TX75074
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`214-748-4200
`
`Executed in DALLAS County, State of TX on October 04, 2019.
`
`txupdates@ezmessenger.com
`
`
`":
`r m L‘ML‘Q .ri...
`
`PSC: 2483; EXP: 12/31/2019
`
`Client File #:3063543
`R h
`n
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`at be EG oup
`
`C
`
`Total Service Costs: 75.00
`
`

`

`' From kathbone Group. LLC
`
`Thu 27 Jun 2019 12:38:13 PM EDT
`
`Page 2 of 2
`
`)
`
`)
`
`ss. AFFIDAVIT
`
`RG File Number: 3063541001
`Insurer Reference Number: 43-3894-X83
`Insurer Name: State Farm Mutual Automobile Insurance Company
`Insured Name: Maria Irma Rosales
`Defendant(s): Maria Sanchez
`Cristian Hernandez Garica
`/-
`STATE 0F Mmdfte
`COUNTY 0F “'H‘“”J
`H ”‘5
`A
`/0 #4!
`I,
`folloWs:
`C {a 2M 45 S‘cv‘ck
`1. I am a
`for State Farm Mutual Automobile Insurance Company
`("Insurer"), and I am authorized to make this affidavit on its behalf. The information below is true and
`correct to the best of my knowledgei information and belief. The scope of my job responsibilities includes
`review of subrogation claims, including the claim referenced above. In the performance of my duties for
`Insurer, I am familiar with the manner and method by which Insurer creates and maintains its nc’n‘mal
`business books and records, including. computer records and data of the referenced claim.
`‘2. Ihave personal knowledge under which Ins‘urer's records were created and I am personally familiar
`with Insurer's record keeping systems. Insurer maintains business records in the ordinary course of its
`business affairs, as part of the regular business practice of Insurer to make such records. All such business
`reCOrds were made at or near the time of the occurrence of the matters set forth by, o'r from information
`transmitted by, a person with knowledge of those matters.
`3. Pursuant to terms of an insurance policy, Insurer compensated its Insured the sum of $13,430.85 for
`damages directly and proximately caused by Defendant(s) negligence, thereby becoming subrogatcd to
`rights and claims.
`4. Insurer‘s Insured sustained a loss in the amount of $500.00, representing Insured‘s deductible.
`5. The following is a computation of damages:
`
`/
`
`.
`
`. after being first duly sworn according to law deposes and states as-
`
`Property:
`Medical:
`Deductible:
`Total:
`
`FURTHERWT SfiETH NAUGHT.
`
`$5,190.85
`$8,240.00
`$500.00
`$13,930.85
`
`l
`
`S m to and subscribed before me in my presence this 5 V
`MeesbcrcJ‘Tcmn 235 z sz .
`
`day of m} [\l
`
`l
`
`. 20g a't
`
`Notary Public
`
`My commissigr‘i‘ Jpvif‘e‘é:
`02/27/2021
`
`AflTdavifClientDoc-20190516
`
`201 91 7805458WPSD4XNB Recelved 6I2712019 11:38: 1 5 AM [Central DaVIlam Tlmel
`
`

`

`Payment Records
`
`MTN.TX.01.05112017
`
`

`

`StateFarm
`@%>®
`
`RBZOOOHK
`
`State Farm Mutual Automobile Insurance Company
`
`Auto Claim File Print
`
`Financial Information
`
`BASIC CLAIM INFORMATION
`
`Claim Number: 43-3894-X83
`Date of Loss: 04-28-2018
`
`Policy Number: 3153-279-43A
`Named Insured: ROSALES, MARIA IRMA
`
`Coverage in Force
`A 50/100/50,P 2,500,D500,G500,H,R1 50/1200,U 30/60/25,S
`
`* = Forced Coverage
`
`FINANCIAL SUMMARY
`
`Matter
`
`Named Insured(s)
`400 - Collision-Multiple Vehicle
`Status
`PD - 05-02-2018
`
`Indemnig Paid
`$6,378.87
`Assigned To
`
`TL D CA Team
`(0008698819303)
`
`Named Insured(s)
`501 - Rental Reimbursement
`Status
`PD - 05-11-2018
`lndemni
`Paid
`
`$232.98
`Assigned To
`
`TL D CA Team
`(0008698819303)
`
`Tier Reason:
`
`Tier:
`Reserve Amount
`0
`
`Sub/Salvage
`$1,500.00
`
`Unit
`
`Location
`
`Last Reserve
`
`3,710
`Net Indemnity
`$4,878.87
`fl
`
`TL D CA Unit
`
`TL D Office
`
`TX
`
`Tier Reason:
`
`Tier:
`Reserve Amount
`0
`
`Sub/Salvage
`$0.00
`
`M
`
`Location
`
`Last Reserve
`180
`
`Net Indemnity
`$232.98
`fl
`
`TL D CA Unit
`
`TL D Office
`
`TX
`
`MARIA IRMA ROSALES, Named Insured Driver
`041 - Uninsured Motorist BI
`Tier: 2
`Status
`Reserve Amount
`PD -10-16-2018
`0
`
`Tier Reason:
`
`Indemnity Paid
`$8,240.00
`Assigned To
`
`Sub/Salvage
`$0.00
`
`Unit
`
`Location
`
`Last Reserve
`8,244
`Net Indemnity
`$8,240.00
`fl
`
`Coverage Tyge
`Primary
`Exgenses Paid
`$79.00
`
`Matter
`
`Negotiation:
`
`Coverage Tyge
`Primary
`Exgenses Paid
`$0.00
`
`Matter
`
`Negotiation:
`
`Coverage Type
`Primary
`Exgenses Paid
`$0.00
`
`Mike Valdez (GA6C)
`
`Inj DAL T2/3 Unit T5
`
`Inj D1 Office DAL
`
`TX
`
`Negotiation:
`
`Date: 01-16-2019
`
`Page 1
`
`STATE FARM CONFIDENTIAL INFORMATION
`
`Distribution on a Business Need to Know Basis Only
`
`

`

`AUTO
`
`Claim Number: 43-3894-X83
`
`RBZOOOHK
`
`MARIA IRMA ROSALES, Named Insured Driver
`050 - Personal Injury Protection
`Tier: 1
`Status
`Reserve Amount
`PD - 06-01-2018
`0
`
`Tier Reason:
`
`Indemniy Paid
`$2,500.00
`Assigned To
`
`PIPMPC D1 T1 Team
`(0009116004855)
`
`Sub/Salvage
`$0.00
`
`m
`
`Location
`
`PIPMPC D1 T1 Unit
`
`PIPMPC D1 Office
`
`TX
`
`Last Reserve
`
`1,870
`Net Indemnity
`$2,500.00
`SOJ
`
`Coverage Type
`Primary
`Expenses Paid
`$0.00
`
`Matter
`
`Negotiation:
`
`
`
`COL/Participant
`041 / MARIA | ROSALES
`050 / MARIA | ROSALES
`051
`
`400 / Named |nsured(s)
`501 / Named |nsured(s)
`
`Indemnity Paid
`$8,240.00
`$2,500.00
`$2,500.00
`$6,378.87
`$232.98
`$17,351.85
`
`C denotes consolidated payment
`E denotes EFT payment
`P previously converted payment from CAT/CMR
`
`CLAIM TOTALS
`
`Ded Refund
`
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`
`PAYMENTS
`
`Sub/Salvage
`$0.00
`$0.00
`$0.00
`$1,500.00
`$0.00
`$1,500.00
`
`Net Indemnity
`$8,240.00
`$2,500.00
`$2,500.00
`$4,878.87
`$232.98
`$15,851.85
`
`Expenses Paid
`$0.00
`$0.00
`$0.00
`$79.00
`$0.00
`
`Status
`Paid
`
`Amount
`
`$8,240.00
`
`Auth ID
`GA6C
`
`$79.00
`
`ECSAPY
`
`E73A
`ECSAPY
`ECSAPY
`ECSAPY
`ECSAPY
`ECSAPY
`ECSAPY
`ECSAPY
`ECSAPY
`KO5A
`
`$45.00
`$255.00
`$780.00
`$130.00
`$900.00
`$260.00
`$130.00
`$130.00
`$232.98
`$6,248.87
`
`$17,430.85
`
`06-08-2018
`
`Issued Date Payee
`10—16-2018 MARIA IRMA ROSALES & JOHN R
`SALAZAR, ATTORNEYS & COUNSELORS
`AT LAW, HER ATTORNEY
`INSURANCE AUTO AUCTIONS, ATTN:
`SETTLEMENT
`MESQUITE INJURY REHAB
`MESQUITE INJURY REHAB
`MESQUITE INJURY REHAB
`MESQUITE INJURY REHAB
`MESQUITE INJURY REHAB
`MESQUITE INJURY REHAB
`MESQUITE INJURY REHAB
`CROSS COUNTRY MOTOR CLUB
`HERTZ LOCAL EDITION
`MARIA IRMA ROSALES
`
`06-01-2018
`05-29-2018
`05-23-2018
`05-21-2018
`05-18-2018
`05-18-2018
`05-18-2018
`05-15-2018
`05-1 1-2018
`05-02-2018
`
`Payment Number
`108442190J
`
`108289203K
`
`E
`
`C C C C E E
`
`108280392J
`108275344J
`108269911J
`108266977J
`108265132J
`108265132J
`108265132J
`108261163K
`108257645K
`108244936J
`
`Grand Total:
`
`RECOVERIES
`
`Check Number
`EFT0911973 E
`
`Status
`Posted
`
`Entered Date
`06-08-2018
`Grand Total:
`
`Recovery Amount
`$1,500.00
`$1,500.00
`
`Expense Withheld Type of Recovem
`$0.00 Salvage
`$0.00
`
`Date: 01-16-2019
`
`Page 2
`
`STATE FARM CONFIDENTIAL INFORMATION
`
`Distribution on a Business Need to Know Basis Only
`
`

`

`Property Damage
`
`MTN.TX.01.05112017
`
`

`

`SPLIT REMITTANCE:
`
`DATE: 06/07/2018
`
`Remittance Payable To:
`State Farm Insurance - ACH Funnel
`
`Attn Salvage Invoice Processing
`2500 Memorial Blvd
`Murfreesboro, TN 37131
`Attn: Salvage Dept
`
`Account of Sale
`
`
`% ACV
`
`Sales
`
`$1,500.00
`
`24.08
`
`
`
`
`
`
`Payment Amount $1,500.00
`
`3393
`
`f Al
`
`INSURANCE
`
`a
`
`MAUCTIDNE
`
`Insurance Auto Auctions, Inc.
`
`Attn: Settlement Group
`Two Westbrook Corporate Center Suite 500
`Westchester, IL 60154
`Phone:
`(708) 492-7000
`Fax:
`(708) 492-7078
`E-mail:
`
`Salvage Information
`IAA Stock #:
`GOO-22360146
`IAA Branch:
`Dallas
`Fed. Tax ID.
`205233403
`Handler:
`EDI EDI
`Adjuster:
`SF TL D CA Team
`Insured:
`MARIA ROSALES
`Owner:
`MARIA ROSALES
`Claim #:
`433894X83
`Policy #:
`Vehicle:
`
`2011 NISSAN SENTRA
`
`Damage:
`VIN:
`ACV:
`NICB Date:
`
`Left Side/None
`
`$6,230.00
`6/07/2018
`
`Buyer Information
`Jose Alfredo Devora Gaytan
`1019 De Ias pilas
`CIUDAD JUAREZ, CHH 32573
`Resale Certificate # : DEGA971 0161 N1 (TX)
`Elapsed Days Analysis
`Date of Event:
`Date
`Loss
`4/28/2018
`
`Days
`
`Assigned
`Released
`
`Pickup
`Title Rec'd
`Sale Doc. Rec'd
`Auction Date
`
`Buyer Payment
`Remittance
`
`Elapsed Total Days:
`
`5/2/2018
`5/4/2018
`
`5/4/2018
`5/10/2018
`5/30/2018
`6/6/2018
`
`N/A
`6/7/2018
`
`MNOmANAWU'I
`
`4:. A
`
`IAA Doc. RPODZi.rpt
`
`

`

`3393
`
`f A.-
`
`INSURANCE
`
`m
`
`AUTDAUCTIDNS
`
`Insurance Auto Auctions, Inc.
`Attn: Settlement Group
`Two Westbrook Corporate Center Suite 500
`Westchester, IL 60154
`Phone:
`(708) 492-7000
`Fax:
`(708) 492-7078
`E-mail:
`Salvage