p n f reclosu - tarrant county commercial record

4
NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on November 25, 2009, a certain Ad- justable Rate Home Equity Conversion Deed of Trust (“Reverse Mortgage”) was executed by GAYLON G JACK AND MILDRED E JACK, as mortgagor in favor of MORTGAGE ELEC- TRONIC REGISTRATION SYSTEMS, INC., AS BENE- FICIARY, AS NOMINEE FOR SWBC MORTGAGE CORPORATION, ITS SUC- CESSORS AND ASSIGNS, as mortgagee and ROBERT K. FOWLER, as trustee, and was recorded on December 7, 2009 under Clerk`s Instru- ment Number D209319312 in the real property records of Tarrant, Texas. WHEREAS, the Reverse Mortgage was insured by the United States Secretary of Housing and Urban Develop- ment (the “Secretary”) pur- suant to the National Housing Act for the purpose of providing single family housing; and WHEREAS, the beneficial interest in the Reverse Mort- gage is now owned by the Secretary, pursuant to an as- signment dated June 3, 2014, and recorded on July 2, 2014, under Clerk`s Instru- ment Number D214140514 in the real property records of Tarrant County, Texas; and WHEREAS, a default has been made in the covenants and conditions of the Re- verse Mortgage in that the Mortgagors are now de- ceased; and WHEREAS, the entire amount delinquent as of De- cember 7, 2021 is $156,205.68; and WHEREAS, by virtue of the default, the Secretary has declared the entire amount of the indebtedness secured by the Reverse Mortgage to be immediately due and payable; NOW THEREFORE, pur- suant to powers vested in me by the Single Family Mort- gage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secre- tary’s designation of me as Foreclosure Commissioner, recorded on October 15, 2007 in Dallas County under Clerk’s File Number 20070369306, notice is hereby given that on Decem- ber 7, 2021, at 10:00 AM local time or no later than three hours thereafter, all real and personal property at or used in connection with the following described premises (“Property”) will be sold at public auction to the highest bidder: BEING LOT 18 IN BLOCK 11 OF ASTOR HEIGHTS ADDITION, 3RD INCRE- MENT, AN ADDITION TO THE CITY OF WATAUGA, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 388-51, PAGE 6, PLAT RECORDS, TARRANT COUNTY, TEXAS. Commonly known as: 6609 MONA LISA AVE, WATAUGA, TX 76148. The sale will be held in Tar- rant County, Texas at the fol- lowing location: WEST SIDE OF THE BUILDING OF THE TARRANT COUNTY COURTHOUSE OR AS DESIGNATED BY THE COUNTY COMMIS- SIONER`S OFFICE or as designated by the County Commissioners Court. The Secretary of Housing and Urban Development will bid $156,205.68. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or be- fore closing, his prorate share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making their bids, all bidders except the Secretary must submit a deposit total- ing $15,620.57 in the form of a certified check or cashier’s check made out to the Sec- retary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $15,620.57 must be pre- sented before the bidding is closed. The deposit is non- refundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be de- livered in the form of a certi- fied or cashier’s check. If the Secretary is the highest bid- der, he need not pay the bid amount in cash. The suc- cessful bidder will pay all conveying fees, all real es- tate and other taxes that are due on or after the delivery date of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an extension of time within which to deliver the remain- der of the payment. All ex- tensions will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier’s check made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extension of time granted by the Secretary, the high bid- der may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner after consulta- tion with the HUD represen- tative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the di- rection of the HUD represen- tative, offer the property to the second highest bidder for an amount equal to the high- est price offered by that bid- der. There is no right of redemp- tion, or right of possession based upon a right of re- demption, in the mortgagor or others subsequent to a foreclosure completed pur- suant to the Act. Therefore, the Foreclosure Commis- sioner will issue a Deed to the purchaser(s) upon re- ceipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guar- antee that the property will be vacant. The scheduled foreclosure sale shall be cancelled or ad- journed if it is established, by documented written applica- tion of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or other- wise, that the default or de- faults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mort- gage agreement are ten- dered to the Foreclosure Commissioner, in the form of a certified or cashier’s check payable to the Secretary of HUD, before public auction of the property is completed. The amount that must be paid if the mortgage is to be paid in full prior the sched- uled sale is $156,205.68, plus all other amounts that would be due under the mortgage agreement if pay- ments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out- of-pocket costs incurred by the Foreclosure Commis- sioner for recording docu- ments, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the fore- closure prior to reinstate- ment. Tender of payment by certi- fied or cashier’s check or ap- plication for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commis- sioner provided below. Date: November 2, 2021 L. Keller Mackie Foreclosure Commissioner Mackie Wolf Zientz & Mann, P.C. Parkway Office Center, Suite 900 14160 Dallas Parkway Dallas, TX 75254 (214) 635-2650 (214) 635-2686 Fax 11/4, 11/11, 11/18 Compass Self Storage 2231 Country Club Drive Mansfield, TX 76063 817-453-8003 #540, Prianna McGhee The goods in this auction are being sold, pursuant to the TX Self Storage Property Code. The goods are gener- ally described as household goods/business related items, unless otherwise noted. Compass Self Stor- age reserves the right to ac- cept or reject any and all bids. The payment terms, are CASH ONLY. Complete terms of the Auction will be posted, the day of the sale, Legal Notices Must Be Received No Later Than 12:00 PM, TWO Business DayS Prior To Publication!!! Email Your LEGAL Notices To: [email protected] LEGAL NOTICES CONTINUED ON NEXT PAGE FORECLOSURE SALES Sec. 59.042. PROCEDURE FOR SEIZURE AND SALE (a) A lessor who wishes to enforce a contractual land- lord's lien by seizing and sell- ing or otherwise disposing of the property to which it is at- tached must deliver written notice of the claim to the ten- ant. (b) If the tenant fails to sat- isfy the claim before the 15th day after the day that the no- tice is delivered, the lessor must publish or post notices advertising the sale as pro- vided by this subchapter. (c) If notice is by publica- tion, the lessor may not sell the property until the 15th day after the day that the first no- tice is published. If notice is by posting, the lessor may sell the property after the 10th day after the day that the no- tices are posted. SEC. 59.044. NOTICE OF SALE. (a) The notice advertising the sale must contain: (1) a general description of the property; (2) a statement that the prop- erty is being sold to satisfy a landlord's lien; (3) the tenant's name; (4) the address of the self-ser- vice storage facility; and (5) the time, place, and terms of the sale. The lessor must publish the notice once in each of two consecutive weeks in a news- paper of general circulation in the county in which the self-service storage facility is located. PUBLIC SALES Thursday, November 11, 2021 Page 13 T ARRANT C OUNTY C OMMERCIAL R ECORD

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Page 1: P N F RECLOSU - Tarrant County Commercial Record

NOTICE OF DEFAULTAND FORECLOSURE

SALEWHEREAS, on November

25, 2009, a certain Ad-justable Rate Home EquityConversion Deed of Trust(“Reverse Mortgage”) wasexecuted by GAYLON GJACK AND MILDRED EJACK, as mortgagor in favorof MORTGAGE ELEC-TRONIC REGISTRATIONSYSTEMS, INC., AS BENE-FICIARY, AS NOMINEEFOR SWBC MORTGAGECORPORATION, ITS SUC-CESSORS AND ASSIGNS,as mortgagee and ROBERTK. FOWLER, as trustee, andwas recorded on December7, 2009 under Clerk`s Instru-ment Number D209319312in the real property recordsof Tarrant, Texas.

WHEREAS, the ReverseMortgage was insured by theUnited States Secretary ofHousing and Urban Develop-ment (the “Secretary”) pur-suant to the NationalHousing Act for the purposeof providing single familyhousing; and

WHEREAS, the beneficialinterest in the Reverse Mort-gage is now owned by theSecretary, pursuant to an as-signment dated June 3,2014, and recorded on July2, 2014, under Clerk`s Instru-ment Number D214140514in the real property recordsof Tarrant County, Texas; and

WHEREAS, a default hasbeen made in the covenantsand conditions of the Re-verse Mortgage in that theMortgagors are now de-ceased; and

WHEREAS, the entireamount delinquent as of De-cember 7, 2021 is$156,205.68; andWHEREAS, by virtue of the

default, the Secretary hasdeclared the entire amountof the indebtedness securedby the Reverse Mortgage tobe immediately due andpayable;

NOW THEREFORE, pur-suant to powers vested in meby the Single Family Mort-gage Foreclosure Act of1994, 12 U.S.C. 3751 etseq., by 24 CFR part 27,subpart B, and by the Secre-tary’s designation of me asForeclosure Commissioner,recorded on October 15,2007 in Dallas County under

Clerk’s File Number20070369306, notice ishereby given that on Decem-ber 7, 2021, at 10:00 AMlocal time or no later thanthree hours thereafter, allreal and personal propertyat or used in connection withthe following describedpremises (“Property”) will besold at public auction to thehighest bidder: BEING LOT 18 IN BLOCK11 OF ASTOR HEIGHTSADDITION, 3RD INCRE-MENT, AN ADDITION TOTHE CITY OF WATAUGA,TARRANT COUNTY,TEXAS, ACCORDING TOTHE PLAT THEREOFRECORDED IN VOLUME388-51, PAGE 6, PLATRECORDS, TARRANTCOUNTY, TEXAS.Commonly known as: 6609MONA LISA AVE,WATAUGA, TX 76148.The sale will be held in Tar-

rant County, Texas at the fol-lowing location: WEST SIDEOF THE BUILDING OF THETARRANT COUNTYCOURTHOUSE OR ASDESIGNATED BY THECOUNTY COMMIS-SIONER`S OFFICE or asdesignated by the CountyCommissioners Court.

The Secretary of Housingand Urban Development willbid $156,205.68.There will be no proration of

taxes, rents or other incomeor liabilities, except that thepurchaser will pay, at or be-fore closing, his prorateshare of any real estatetaxes that have been paid bythe Secretary to the date ofthe foreclosure sale.

When making their bids, allbidders except the Secretarymust submit a deposit total-ing $15,620.57 in the form ofa certified check or cashier’scheck made out to the Sec-retary of HUD. A depositneed not accompany eachoral bid. If the successful bidis oral, a deposit of$15,620.57 must be pre-sented before the bidding isclosed. The deposit is non-refundable. The remainderof the purchase price mustbe delivered within 30 daysof the sale or at such othertime as the Secretary maydetermine for good causeshown, time being of theessence. This amount, like

the bid deposits, must be de-livered in the form of a certi-fied or cashier’s check. If theSecretary is the highest bid-der, he need not pay the bidamount in cash. The suc-cessful bidder will pay allconveying fees, all real es-tate and other taxes that aredue on or after the deliverydate of the remainder of thepayment and all other costsassociated with the transferof title. At the conclusion ofthe sale, the deposits of theunsuccessful bidders will bereturned to them.The Secretary may grant an

extension of time withinwhich to deliver the remain-der of the payment. All ex-tensions will be for 15-dayincrements for a fee of$500.00, paid in advance.The extension fee shall be inthe form of a certified orcashier’s check madepayable to the Secretary ofHUD. If the high biddercloses the sale prior to theexpiration of any extensionperiod, the unused portion ofthe extension fee shall beapplied toward the amountdue.

If the high bidder is unableto close the sale within therequired period, or within anyextension of time granted bythe Secretary, the high bid-der may be required to forfeitthe cash deposit or, at theelection of the foreclosurecommissioner after consulta-tion with the HUD represen-tative, will be liable to HUDfor any costs incurred as aresult of such failure. TheCommissioner may, at the di-rection of the HUD represen-tative, offer the property tothe second highest bidder foran amount equal to the high-est price offered by that bid-der.There is no right of redemp-

tion, or right of possessionbased upon a right of re-demption, in the mortgagoror others subsequent to aforeclosure completed pur-suant to the Act. Therefore,the Foreclosure Commis-sioner will issue a Deed tothe purchaser(s) upon re-ceipt of the entire purchaseprice in accordance with theterms of the sale as providedherein. HUD does not guar-antee that the property willbe vacant.

The scheduled foreclosuresale shall be cancelled or ad-journed if it is established, bydocumented written applica-tion of the mortgagor to theForeclosure Commissionernot less than 3 days beforethe date of sale, or other-wise, that the default or de-faults upon which theforeclosure is based did notexist at the time of service ofthis notice of default andforeclosure sale, or allamounts due under the mort-gage agreement are ten-dered to the ForeclosureCommissioner, in the form ofa certified or cashier’s checkpayable to the Secretary ofHUD, before public auctionof the property is completed.

The amount that must bepaid if the mortgage is to bepaid in full prior the sched-uled sale is $156,205.68,plus all other amounts thatwould be due under themortgage agreement if pay-ments under the mortgagehad not been accelerated,advertising costs andpostage expenses incurredin giving notice, mileage bythe most reasonable roaddistance for posting noticesand for the ForeclosureCommissioner’s attendanceat the sale, reasonable andcustomary costs incurred fortitle and lien recordsearches, the necessary out-of-pocket costs incurred bythe Foreclosure Commis-sioner for recording docu-ments, a commission for theForeclosure Commissioner,and all other costs incurredin connection with the fore-closure prior to reinstate-ment.Tender of payment by certi-

fied or cashier’s check or ap-plication for cancellation ofthe foreclosure sale shall besubmitted to the address ofthe Foreclosure Commis-sioner provided below.Date: November 2, 2021L. Keller MackieForeclosure CommissionerMackie Wolf Zientz & Mann,P.C.Parkway Office Center, Suite90014160 Dallas ParkwayDallas, TX 75254(214) 635-2650(214) 635-2686 Fax

11/4, 11/11, 11/18

Compass Self Storage2231 Country Club DriveMansfield, TX 76063

817-453-8003#540, Prianna McGhee

The goods in this auctionare being sold, pursuant tothe TX Self Storage PropertyCode. The goods are gener-ally described as householdgoods/business relateditems, unless otherwisenoted. Compass Self Stor-age reserves the right to ac-cept or reject any and allbids. The payment terms,are CASH ONLY. Completeterms of the Auction will beposted, the day of the sale,

Legal Notices Must Be Received No Later Than 12:00 PM, TWO Business DayS Prior To Publication!!!Email Your LEGAL Notices To: [email protected]

LEGAL NOTICESCONTINUED ON NEXT PAGE

FORECLOSURESALES

Sec. 59.042.PROCEDURE FOR

SEIZURE AND SALE (a) A lessor who wishes to

enforce a contractual land-lord's lien by seizing and sell-ing or otherwise disposing ofthe property to which it is at-tached must deliver writtennotice of the claim to the ten-ant. (b) If the tenant fails to sat-

isfy the claim before the 15thday after the day that the no-tice is delivered, the lessormust publish or post noticesadvertising the sale as pro-vided by this subchapter.(c) If notice is by publica-

tion, the lessor may not sellthe property until the 15th dayafter the day that the first no-tice is published. If notice isby posting, the lessor may sellthe property after the 10thday after the day that the no-tices are posted.

SEC. 59.044.NOTICE OF SALE.

(a) The notice advertisingthe sale must contain:(1) a general description ofthe property;(2) a statement that the prop-erty is being sold to satisfy alandlord's lien;(3) the tenant's name;(4) the address of the self-ser-vice storage facility; and(5) the time, place, and termsof the sale.The lessor must publish the

notice once in each of twoconsecutive weeks in a news-paper of general circulationin the county in which theself-service storage facility islocated.

PUBLICSALES

Thursday, November 11, 2021 Page 13TA R R AN T COUNTY COMMER C I A L R E CO RD

Page 2: P N F RECLOSU - Tarrant County Commercial Record

at the Auction Site. See andbid on all units @ www.selfs-torageauction.com, FridayNovember 26, 2021 endingat 10:00 am.

11/11, 11/18

Application has beenmade with the TexasAlcoholic BeverageCommission for aWine and Malt Bever-age Retailer's Off-Premise Permit (BQ)for BHUWANESH-WORI INC dba AMY'SFOOD STORE at 810W NORTHSIDE DR,FORT WORTH, TAR-RANT COUNTYTEXAS 76164. S U D A R S H A NPHUYAL PRESIDENTSECRETARY

11/9, 11/11

Notice to Creditors of THEESTATE OF NORMANSPENCER BRAKE, De-

ceasedNotice is hereby given that

Letters Testamentary uponthe Estate of NormanSpencer Brake, Deceasedwere granted to the under-signed on the 2nd of Novem-ber, 2021 by the ProbateCourt No. 1 of TarrantCounty, Texas. All personshaving claims against saidestate are hereby required topresent the same to AnitaDarlene Gormley and JoniMarie Temple within the timeprescribed by law.My address is c/o DavidsonLaw Group 320 PurceyStreet Fort Worth, TX 76102

Independent Co-Executorsof the Estate of NormanSpencer Brake Deceased.CAUSE NO. 2021-PR02591-

2

11/11

Notice to Creditors of THEESTATE OF DAVID L. AL-

MAND, DeceasedNotice is hereby given that

Letters Testamentary uponthe Estate of DAVID L. AL-MAND, Deceased weregranted to the undersignedon the 4TH of NOVEMBER,2021 by the Probate CourtNo. 1 of Tarrant County,Texas. All persons havingclaims against said estateare hereby required to pres-ent the same to Audney Eliz-abeth Almand Korenek withinthe time prescribed by law.My address is Audney Ko-renek C/O Brittany M. Taylor,Attorney 2106 E State Hwy114, STE 105 Southlake, TX76092Independent Executor of theEstate of David L. AlmandDeceased. CAUSE NO.2021-PR03273-1

11/11

Notice to Creditors of THEESTATE OF Michael Wil-son Gleeson, DeceasedNotice is hereby given that

Letters Testamentary uponthe Estate of Michael WilsonGleeson, Deceased weregranted to the undersignedon the 13th of September,2021 by the Probate CourtNo. 2 of Tarrant County,Texas. All persons havingclaims against said estateare hereby required to pres-ent the same to ElizabethJane Gleeson within the timeprescribed by law.My address is 664 BaldridgeRd., Burleson, TX 76028

Independent Executrix ofthe Estate of Michael WilsonGleeson Deceased. CAUSENO. 2021-PR01461-2

11/11

Notice to Creditors of THEESTATE OF MARY PENA,

DeceasedNotice is hereby given that

Letters of Independent Ad-ministration upon the Estateof Mary Pena, Deceasedwere granted to the under-signed on the 19th of Octo-ber, 2021 by the ProbateCourt No. 1 of TarrantCounty, Texas. All personshaving claims against saidestate are hereby required topresent the same to DottiePerkins Riojas within thetime prescribed by law.My address is c/o Michael D.Duran, Cantey Hanger LLP,600 W 6th Street, Suite 300,Fort Worth, Texas 76102

Independent Administratorof the Estate of Mary Pena

Deceased. CAUSE NO.2021-PR02612-1

11/11

Notice to Creditors ofTHE ESTATE OF RaymondMark Campagna , De-

ceased Notice is hereby given that

Letters of Administration withBond upon the Estate ofRaymond Mark Campagna,Deceased were granted tothe undersigned on the 19thof August, 2021 by the Pro-bate Court No. 1 of TarrantCounty, Texas. All personshaving claims against saidestate are hereby required topresent the same to Shan-non Cathleen Campagnawithin the time prescribed bylaw.My address isc/o Sharon E. Giraud, PLLCAttorney at Law4420 W. Vickery Blvd., Suite102Fort Worth, TX 76107Independent Administrator

of the Estate of RaymondMark Campagna Deceased.CAUSE NO. 2021-PR00243-1

11/11

Notice to Creditors ofTHE ESTATE OF Oralee

Cirlos , Deceased Notice is hereby given that

Letters Testamentary uponthe Estate of Oralee Cirlos,Deceased were granted tothe undersigned on the 26thof July, 2021 by the ProbateCourt No. 1 of TarrantCounty, Texas. All personshaving claims against saidestate are hereby required topresent the same to MaryYvette Garza within the timeprescribed by law.My address isc/o Sharon E. Giraud, PLLCAttorney at Law4420 W. Vickery Blvd., Suite102Fort Worth, TX 76107Independent Executorof the Estate of Oralee CirlosDeceased. CAUSE NO.2021-PR01278-1

11/11

Notice to Creditors ofTHE ESTATE OF HELENFRANCES MORITZ , De-

ceased Notice is hereby given that

Letters Testamentary uponthe Estate of HELENFRANCES MORITZ, De-ceased were granted to theundersigned on the 5th ofOctober, 2021 by the Pro-bate Court No. 1 of TarrantCounty, Texas. All personshaving claims against saidestate are hereby required to

present the same to KEN-NETH BRIAN EVERETTwithin the time prescribed bylaw.My address isc/o Sharon E. Giraud, PLLCAttorney at Law4420 W. Vickery Blvd., Suite102Fort Worth, TX 76107Independent Executor

of the Estate of HELENFRANCES MORITZ De-ceased. CAUSE NO. 2021-PR02786-1

11/11

Notice to Creditors ofTHE ESTATE OF JAMESROBERT MOORE , De-

ceasedNotice is hereby given that

Letters Testamentary uponthe Estate of JAMESROBERT MOORE, De-ceased were granted to theundersigned on the 9th ofNovember, 2021 by the Pro-bate Court No. 2 of TarrantCounty, Texas. All personshaving claims against saidestate are hereby required topresent the same to JAMIEROBIN MOORE WILLIAMSwithin the time prescribed bylaw.My address is1612 Brookhaven CircleBedford, Texas 76022

Independent Executrix ofthe Estate of JAMESROBERT MOORE De-ceased.CAUSE NO. 2021-PR03024-2

11/11

IN THE CIRCUIT COURTOF

MONTGOMERY COUNTY,ALABAMA

DOMESTIC RELATIONSDIVISION

In Re The Marriage ofMALCOLM DENARD

SPURLOCK,Petitioner,

v. LAGARALL NAMECKA

BATES,Respondent.

Husband and WifeCASE NUMBER DR-2021-479

ORDER OF PUBLICATIONThe DEFENDANT, LAGAR-

ALL NAMECKA BATES,whose whereabouts are cur-rently unknown, is requiredto answer the PLAINTIFF,MALCOLM DENARD SPUR-LOCK, Petition for Divorceby January 3, 2022, or there-after, a judgment of default

may be entered against theDefendant in the abovestyled cause.

After the last publication,please file with the FamilyCourt, an affidavit showingthe fact of publication to-gether with a copy of the no-tice of publication

DONE this 3rd day of No-vember, 2021.CALVIN L. WILLIAMSCIRCUIT JUDGE

11/11, 11/18, 11/25, 12/2

NO. 352-329375-21IDER HERNANDEZ,

MARIA SIBRIAN DIMAS,INDIVIDUALLY, MARIASIBRIAN DIMAS AS

GUARDIAN FOR JUANGOMEZ, MARIA SIBRIANDIMAS AS GUARDIAN

FOR SANTIAGO HERNAN-DEZ, MARIA DIMAS ASGUARDIAN FOR RENE

GOMEZPlaintiff, V. JOSEPHCHRISTOPHER WEST,AND BRIDGET VARNER

HATFIELDDefendant. IN THE DIS-TRICT COURT OF TAR-RANT COUNTY, TEXASPLAINTIFFS’ ORIGINAL

PETITION TO THE HONORABLE

JUDGE OF SAID COURT:NOW COME Ider Hernan-dez, Maria Sibrian Dimas,Maria Sibrian Dimas asGuardian for Juan Gomez,Maria Sibrian Dimas asGuardian for Santiago Her-nandez, Maria Dimas asGuardian for Rene Gomez,hereinafter called Plaintiffs,complaining of and aboutJoseph Christopher West,Bridget Varner Hatfield, here-inafter called Defendants,and for cause of action showunto the Court the following: DISCOVERY CONTROL

PLAN LEVEL 1. Plaintiffs intend that dis-covery be conducted underDiscovery Level 2. PARTIES AND SERVICE

2. Plaintiff, Ider Hernandez,Maria Sibrian Dimas, MariaSibrian Dimas as Guardianfor Juan Gomez, Maria Sib-rian Dimas as Guardian forSantiago Hernandez, MariaDimas as Guardian for ReneGomez, is an Individualwhose address is 120 Cim-maron Ln., Arlington, Texas76014

3. Defendant JosephChristopher West, an Individ-ual who is a resident ofTexas, may be served withprocess at her home at thefollowing address:

136 Parkwood Ave. Arlington, Texas 76013

CITATIONS BY

PUBLICATION

LEGAL NOTICESCONTINUED

TEXAS ALCOHOL& BEVERAGE

COMMISSION

LICENSES &RENEWALS

NOTICE TOCREDITORS

LEGAL NOTICESCONTINUED ON NEXT PAGE

Page 14 Thursday, November 11, 2021TA R R AN T COUNTY COMMER C I A L R E CO RD

Page 3: P N F RECLOSU - Tarrant County Commercial Record

Service of said Defendantas described above can beeffected by personal delivery.Citation is requested at thistime. 4. Defendant Bridget Varner,an Individual who is a resi-dent of Texas, may beserved with process at herhome at the following ad-dress:

1522 Marshalldale Drive Arlington, Texas 76013

Service of said Defendantas described above can beeffected by personal delivery.Citation is requested at thistime.

JURISDICTION ANDVENUE

5. The subject matter in con-troversy is within the jurisdic-tional limits of this court. 6. Plaintiffs seek:

a. monetary relief over$200,000 but not more than$1,000,000. 7. This court has jurisdictionover the parties because De-fendant is a Texas resident. 8. Venue in Tarrant County

is proper in this cause underSection 15.002(a)(1) of theTexas Civil Practice andRemedies Code because allor a substantial part of theevents or omissions givingrise to this lawsuit occurredin this county.

FACTS 9. On or about October 20,2019, Plaintiffs were travel-ing headed east on W. Ar-brook Blvd. Defendant wastraveling north on S. Cooperst. Defendant, intoxicated,failed to stop at a designatedred light causing a collisioninto Plaintiffs’ vehicle. Due toDefendant’s gross negli-gence, Plaintiffs suffered in-juries from the collision. PLAINTIFFS' CLAIM OF NEGLIGENCE AGAINSTJOSEPH CHRISTOPHER

WEST 10. Defendant JosephChristopher West had a dutyto exercise the degree ofcare that a reasonably care-ful person would use to avoidharm to others under circum-stances similar to those de-scribed herein. 11. Plaintiffs' injuries wereproximately caused by De-fendant Joseph ChristopherWest negligent, careless andreckless disregard of saidduty. 12. The negligent, carelessand reckless disregard ofduty of Defendant JosephChristopher West consistedof, but is not limited to, thefollowing acts and omissions: A. In that Defendant JosephChristopher West failed tokeep a proper lookout for

Plaintiffs' safety that wouldhave been maintained by aperson of ordinary prudenceunder the same or similar cir-cumstances; B. In that Defendant Joseph

Christopher West failed tomaintain a clear and reason-able distance between Plain-tiffs' motor vehicle andDefendant Joseph Christo-pher West motor vehiclewhich would permit Defen-dant Joseph ChristopherWest to bring his motor vehi-cle to a safe stop without col-liding into Plaintiffs' motorvehicle; C. In that Defendant JosephChristopher West failed tokeep such distance awayfrom Plaintiffs' motor vehicleas a person using ordinaryprudent care would havedone; D. In that Defendant JosephChristopher West operatinghis motor vehicle at a rate ofspeed which was greaterthan that would have beenoperated by a person of ordi-nary prudence under thesame or similar circum-stances; E. In that Defendant JosephChristopher West failed toapply his brakes to his motorvehicle in a timely and pru-dent manner and/or whollyfailed to apply her brakes inorder to avoid the collision inquestion; and PLAINTIFF'S CLAIM OFGROSS NEGLIGENCE AGAINST JOSEPH

CHRISTOPHER WEST 13. Defendant JOSEPHCHRISTOPHER WEST hada duty to exercise the degreeof care that a reasonablycareful person would use toavoid harm to others undercircumstances similar tothose described herein. 14. Plaintiffs’ injuries were

proximately caused by De-fendant JOSEPH CHRISTO-PHER WEST’S grosslynegligent, careless and reck-less disregard of said duty. 15. The grossly negligent,

careless and reckless disre-gard of duty of DefendantJOSEPH CHRISTOPHERWEST consisted of, but isnot limited to, the followingacts and omissions:

A. In that DefendantJOSEPH CHRISTOPHERWEST failed to turn hismotor vehicle in either direc-tion in an effort to avoid thecollision complained of;

B. In that DefendantJOSEPH CHRISTOPHERWEST operated his vehiclewhile under the influence of

alcohol. PLAINTIFF'S CLAIM OF NEGLIGENCE ENTRUST-MENT AGAINST BRIDGET

VARNER HATFIELD 16. On 10/20/2019, Defen-

dant Bridget Varner Hatfieldwas the owner of the vehicleoperated by Joseph Christo-pher West. 17. Defendant Bridget VarnerHatfield entrusted the vehicleto Joseph Christopher West,a reckless, unlicensed andincompetent driver. 18. Defendant Bridget VarnerHatfield, or through the exer-cise of reasonable careshould have known, thatJoseph Christopher Westwas a reckless and incompe-tent driver. 19. As described herein,Joseph Christopher Westwas negligent on the occa-sion in question. 20. JosephChristopher West’s negli-gence was the proximatecause of Plaintiffs' damages. DAMAGES FOR PLAIN-TIFF, IDER HERNANDEZ,MARIA SIBRIAN DIMAS,MARIA SIBRIAN DIMAS

AS GUARDIAN FOR JUANGOMEZ, MARIA SIBRIANDIMAS AS GUARDIAN

FOR SANTIAGO HERNAN-DEZ, MARIA DIMAS ASGUARDIAN FOR RENE

GOMEZ 21. As a direct and proxi-

mate result of the occurrencemade the basis of this law-suit, Plaintiff, Ider Hernan-dez, Maria Sibrian Dimas,Maria Sibrian Dimas asGuardian for Juan Gomez,Maria Sibrian Dimas asGuardian for Santiago Her-nandez, Maria Dimas asGuardian for Rene Gomezwas caused to suffer bodilyinjuries and to incur the fol-lowing damages: Ider Hernandez: A. Reasonable medical careand expenses in the past:$3,408.99 . These expenseswere incurred by Plaintiff,Adrian Rodriguez for thenecessary care and treat-ment of the injuries resultingfrom the accident com-plained of herein and suchcharges are reasonable andwere usual and customarycharges for such services inDenton County, Texas;

B. Reasonable and neces-sary medical care and ex-penses which will in allreasonable probability be in-curred in the future; C. Physical pain and suffer-

ing in the past; D. Physical pain and suffer-

ing in the future;

E. Mental anguish in thepast; and

F. Mental anguish in the fu-ture. Maria Dimas: A. Reasonable medical careand expenses in the past:$5,726.24 . These expenseswere incurred by Plaintiff,Adrian Rodriguez for thenecessary care and treat-ment of the injuries resultingfrom the accident com-plained of herein and suchcharges are reasonable andwere usual and customarycharges for such services inDenton County, Texas; B. Reasonable and neces-

sary medical care and ex-penses which will in allreasonable probability be in-curred in the future; C. Physical pain and suffer-

ing in the past; D. Physical pain and suffer-

ing in the future; E. Mental anguish in the

past; and F. Mental anguish in the fu-

ture. Rene Gomez: A. Reasonable medical careand expenses in the past:$1771.00 . These expenseswere incurred by Plaintiff,Adrian Rodriguez for thenecessary care and treat-ment of the injuries resultingfrom the accident com-plained of herein and suchcharges are reasonable andwere usual and customarycharges for such services inDenton County, Texas; B. Reasonable and neces-

sary medical care and ex-penses which will in allreasonable probability be in-curred in the future; C. Physical pain and suffer-

ing in the past; D. Physical pain and suffer-

ing in the future; E. Mental anguish in the

past; and F. Mental anguish in the fu-

ture. Santiago Gomez: A. Reasonable medical careand expenses in the past.These expenses were in-curred by Plaintiff, Adrian Ro-driguez for the necessarycare and treatment of the in-juries resulting from the acci-dent complained of hereinand such charges are rea-sonable and were usual andcustomary charges for suchservices in Denton County,Texas; B. Reasonable and neces-

sary medical care and ex-penses which will in allreasonable probability be in-curred in the future;

C. Physical pain and suffer-ing in the past; D. Physical pain and suffer-

ing in the future; E. Mental anguish in the

past; and F. Mental anguish in the fu-

ture. Juan Gomez: A. Reasonable medical careand expenses in the past:$1771.00 . These expenseswere incurred by Plaintiff,Adrian Rodriguez for thenecessary care and treat-ment of the injuries resultingfrom the accident com-plained of herein and suchcharges are reasonable andwere usual and customarycharges for such services inDenton County, Texas; B. Reasonable and neces-

sary medical care and ex-penses which will in allreasonable probability be in-curred in the future; C. Physical pain and suffer-

ing in the past; D. Physical pain and suffer-

ing in the future; E. Mental anguish in the

past; and F. Mental anguish in the fu-

ture. PRAYER

WHEREFORE, PREMISESCONSIDERED, Plaintiff, IderHernandez, Maria SibrianDimas, Maria Sibrian Dimasas Guardian for JuanGomez, Maria Sibrian Dimasas Guardian for SantiagoHernandez, Maria Dimas asGuardian for Rene Gomez,respectfully pray that the De-fendants be cited to appearand answer herein, and thatupon a final hearing of thecause, judgment be enteredfor the Plaintiff against De-fendants for damages in anamount within the jurisdic-tional limits of the Court; to-gether with pre-judgmentinterest (from the date of in-jury through the date of judg-ment) at the maximum rateallowed by law; post-judg-ment interest at the legalrate, costs of court; and suchother and further relief towhich the Plaintiff may be en-titled at law or in equity. Respectfully submitted, By: JLS Jessica Lynn Sepulveda Texas Bar No. 24070593 Email: [email protected] 400 S. Zang, suite 812 Dallas, Texas 75208 Tel. (214) 613-5700 Fax. (214) 602-6802 Attorney for Plaintiff Ider Hernandez, Maria Sib-rian Dimas, Maria SibrianDimas as Guardian for JuanGomez, Maria Sibrian Dimas

LEGAL NOTICESCONTINUED

LEGAL NOTICESCONTINUED ON NEXT PAGE

Thursday, November 11, 2021 Page 15TA R R AN T COUNTY COMMER C I A L R E CO RD

EVEN TEXTERS AND DRIVERSHATE TEXTERS AND DRIVERS.RIVERS.

RIVERSRIVERS.RIVERS.RIVERS.RIVERS.RIVERS.RIVERS.RS

EVE S AND DRIVERSRIVERSDD RIVERSAEVEN TEXTERSSEXTERSSS RIVERSRIVERSRIVERSDDNA RIVERSRIVERSSSEXTEREXTERNEVE EXTERTEXTERSSSSAND DRIVERS.RIVERS.RIVERS.RIVERS.RIVERS.RIVERS.DD RIVERS.E TEXTERS ARS AAHATHATHAHA RIVERS.DDN RIVERS.RIVERS.RIVERS.RS AAEXEE TT RS AHATHATHAHATHATHA

STOPTEXTSSTOPWRECKS.ORG

Page 4: P N F RECLOSU - Tarrant County Commercial Record

as Guardian for SantiagoHernandez, Maria Dimas asGuardian for Rene Gomez

11/11, 11/18, 11/25, 12/2

UNITED STATESDISTRICT COURT

for the District of Nevada

Enerkon Solar Interna-tional, Inc. ) Plaintiff(s)

v. John V. Capello, Stude-baker Distribution Corp.,

Cathy D. Collins, Vasthi Avila,

Streamworx, LLC,Jonathan

Baker, Excelsior Consult-ants, Inc., Jeff Greeney,

Sea Friends Incorporated,Michael Studer, John

Bauschka Defendant(s)

Civil Action No. 2:21-cv-01122-JCM-VCF

SUMMONS IN A CIVIL AC-TION

To: (Defendant’s name andaddress) Jonathan Baker 3006 Franciscan Dr Apt 133 Arlington TX 76015

A lawsuit has been filedagainst you. Within 21 days after service

of this summons on you (notcounting the day you re-ceived it) — or 60 days if you are the United States or aUnited States agency, or anofficer or employee of theUnited States described inFed. R. Civ. P. 12 (a)(2) or (3)— you must serve on theplaintiff an answer to the at-tached complaint or a motionunder Rule 12 of the FederalRules of Civil Procedure. Theanswer or motion must beserved on the plaintiff orplaintiff’s attorney, whosename and address are: Enerkon Solar International,Inc. c/o H. Stan Johnson, Esq.,Cohen-Johnson, LLC 375 E. Warm Springs Road,Suite 104 Las Vegas, NV 89119 702-823-3500

If you fail to respond, judg-ment by default will be en-tered against you for therelief demanded in the com-plaint. You also must fileyour answer or motion withthe court. Date: 7/22/2021CLERK OF COURT David K KeysSignature of Clerk or DeputyClerk

11/11, 11/18, 11/15, 12/2

Page 16 Thursday, November 11, 2021 TA R R AN T COUNTY COMMER C I A L R E CO RD

LEGAL NOTICESCONTINUED

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