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`OF HIDALGO COUNTY, TEXAS
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`332"° JUDICIAL DISTRICT
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`§ § § § §:
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`§
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`MARIA LARA INDIVIDUALLY
`AND A/N/F OF MINOR
`CHILD, ARNOLDO ESCOBEDO,
`and CATALINA CEJA
`
`vs.
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`FERNANDO MARTINEZ
`
`13-0032
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`CAUSE NO. C-3096-13-F
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`MOTION FOR SUBSTITUTED SERVICE AS TO DEFENDANT
`FERNANDO MARTINEZ
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`COMES NOW, MARIA LARA INDIVIDUALLY AND A/N/F OF MINOR CHILD,
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`ARNOLDO ESCOBEDO,and CATALINA CEVA,hereinafter referred to as Plaintiffs in the
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`above-styled and numbered cause and makes this Motion for Substituted Service of
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`process on the Defendant, FERNANDO MARTINEZ, and in support thereof would
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`respectfully show the Court as follows:
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`I.
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`Asstatedin the affidavit of Civil Process Server, Dave Eckstein, attached as Exhibit
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`“A” and incorporated by reference herein the sameasif fully copied and setforth at length,
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`the Defendant FERNANDO MARTINEZ usual!place of residence is 1210 San Francisco,
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`San Juan, Texas.
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`il.
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`As specifically stated in the attached affidavit of Civil Process Server, Dave
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`Eckstein, service of process on the person FERNANDO MARTINEZ has not been
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`successful. Despite the numerous attempts made on June 12, 2013 at 11:40 a.m., June
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`20, 2013 at 11:33 a.m. and on July 8, 2013 at 8:37 a.m., it will not be possible to serve the
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`Defendant, FERNANDO MARTINEZ,for the alleged reason that they he is avoiding
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`personal service.
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`

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`it.
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`Further, the attached affidavit of Civil Process Server, Dave Eckstein, shows that
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`the Defendant may be given notice by leaving a copy of the citation with the petition
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`attached thereto with anyone oversixteen (16) years of age at Defendant's residence,at
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`1210 San Francisco, San Juan, Hidaigo County, Texas or by affixing to the front door or
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`gate, or at wherever the above mentioned Defendant can receive process. Civil Process
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`Server, Dave Eckstein, is not a party to nor interested in the outcome of this cause of
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`action, is competent to make an oath, andis ready, willing, and able to perform the service
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`of citation promptly and correctly.
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`WHEREFORE, Plaintiffs request that this Court order substituted service on
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`Defendant, FERNANDO MARTINEZ,by leaving a copy of the citation with the petition
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`attached thereto with anyone oversixteen (16) years of age at Defendant's residence, at
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`1210 San Francisco, San Juan, Hidalgo County, Texas or by affixing to the front door or
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`gate, or at wherever the above mentioned Defendant can receive process, or in such
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`manner as the Court finds will be reasonably effective to give the Defendant notice of this
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`suit, and that a true and correct copy of the Court's Order for Substituted Service be
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`attached and includedwith the citation and the petition served.
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`Respectfully submitted,
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`ORENDAIN & DOMINGUEZ
`Attorneys at Law
`320 South 8" Street
`McAllen, Texas 78501
`(956) 683-0111
`(956) 631-2653 fax
`
`BY:
`
`ABEL A. ORENDAIN
`State Bar No. 15301650
`ERNESTO J. DOMINGUEZ
`State Bar No. 05966340
`ATTORNEYS FOR THE PLAINTIFFS
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`2
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`

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`Affidavit in Support of Motion for Substitute Service
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`State of TEXAS
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`County of HIDALGO
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`332nd District Court
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`Case Number: C-3096-13-F
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`Plaintiff:
`MARIA LARA,ET AL.
`vs.
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`Defendant:
`FERNANDO MARTINEZ
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`For:
`Abel Orendain
`ORENDAIN & DOMINGUEZ
`320 South 8th Street
`McAllen, TX 78504
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`Received by D & D ProServ on the 4th day of June, 2013 at 4:19 pm to be served on FERNANDO MARTINEZ,
`1210 San Francisco, San Juan, TX.
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`1, DAVE ECKSTEIN, being duly sworn, depose and say that on the 12th day of July, 2013 at 5:00 pm,[:
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`deemed it impractical to personally deliver the CITATION & ORIGINAL PETITION to the named defendant
`FERNANDO MARTINEZ in the above numbered and styled cause.
`| have attempted to make personaldelivery to
`the defendantat his/her place of abode, being which was established personally in my efforts.
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`| believe the defendant can and will be given notice of these proceedings by delivering to anyone over the age of
`sixteen (16) at the defendant's usual place of abode or by attaching the abovelisted documents to the front
`entrance of the defendant's usual place of abode.
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`Additional Information pertaining to this Service:
`6/12/2013 11:40 am No answer, Navigator(BY7 GO60) / DodgeRam (380 3AE) / Pontiac G6 and Jeep (918 XYM),
`but no answer.
`6/20/2013 11:33am (Saturday) No answer; same vehicles and Chevrolet Silverado (BS2 4373); pit bull guard dog
`chained to second entrance; plaque "Martinez Fam." Two grade school boys answer door but cannot answer to
`where their parents are.
`7/8/2013 8:37 pm Defendant resides at address given but is known to be in Dumas, Texas.
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`
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`| certify that | am over the age of 18, have no interest in the above action, and am %
`good standing,in the judicial circuit in which the process was served.
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`ified Process Server, in
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`
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`DAVE ECKSTEIN
`SCH #1510
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`D & D ProServ
`4121 North 10th #332
`McAllen, TX 78504
`(956) 212-6200
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`Subscribed and Sworn to before me on the 16th day
`of July, 2013 by the affiant who is personally known to
`2.
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`2
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`OTARY PUBLIC
`~~
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`PLAINTIFF’S
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`
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`

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`=
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`13-0032
`
`MARIA LARA INDIVIDUALLY
`
`CAUSE NO.C-3096-13-F
`§
`IN THE pistiic
`
`Ry A
`
`
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`ry;
`
`VOSA, CLERK
`Hidalgo County
`fz
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`OF HIDALGOC
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`.
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`§
`§
`§
`§
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`§ §
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`AND A/N/F OF MINOR
`CHILD, ARNOLDO ESCOBEDO,
`and CATALINA CEJA
`
`vs.
`
`FERNANDO MARTINEZ
`
`332% JUDICIAL DISTRICT
`
`
`
`
`ORDER FOR SUBSTITUTED SERVICE AS TO DEFENDANT
`FERNANDO MARTINEZ
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`Onthe__ dayof
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`, 2013, this Court heard the motion of
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`MARIA LARA INDIVIDUALLYAND A/N/F OF MINOR CHILD, ARNOLDO ESCOBEDO,
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`and CATALINA CEJA, Plaintiffs in this cause for service of citation on Defendant,
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`FERNANDO MARTINEZ, by a mannerotherthan by delivery in person or by certified or
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`registered mail. This Court heard and considered the motion and the supporting affidavit
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`andts of the opinion that the location of 1210 San Francisco, San Juan, Hidaigo County,
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`Texas, has been shownto be the Defendant’s usual place of residence and that service
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`has been attempted by delivery to the Defendant in person, pursuant to the Texas Rules
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`of Civil Procedure, but that such attempt of service has not been successful. Further, this
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`Court is of the opinion that the mannerof service ordered wouid be reasonably effective
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`to give the Defendant notice of this suit.
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`iT 1S THEREFORE, ORDERED that service on FERNANDO MARTINEZ,
`Defendant, in this cause, be by Civil Process Server, Dave Eckstein, by leaving true copies
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`of the citation, the petition in this cause and this Order with anyone oversixteen (16) years
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`of age at Defendant’s address 1210 San Francisco, San Juan, Hidalgo County, Texas or
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`by affixing to the front door or gate, or at wherever the above mentioned Defendant can
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`receive process.
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`

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`IT IS THEREFORE ORDERED that the return of the Civil Process Server, Dave
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`Eckstein, be endorsed on or attachedto the citation, state when and how the citation was
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`served, and be signed by Civil Process Server, Dave Eckstein, in his official capacity.
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`cc:
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`Mr. Abel A. Orendain, ORENDAIN & DOMINGUEZ, 320 South 8" Street, McAllen, Texas 78501 (956) 631-2653
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`JUDGE PRESIDING
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`