Preview
Filed
1/30/2023 2:31 PM
Beverley McGrew Walker
District Clerk
CAUSE NO. 22-DCV-294986 Fort Bend County, Texas
Ameena Khan
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
ERIKA LYNN WARREN MCGAUGHEY
AND
THOMAS RAYMOND MCGAUGHEY, JR.
505TH JUDICIAL DISTRICT
§ FORT BEND COUNTY, TEXAS
RETURN OF SERVICE
Came to my hand on Wednesday, January 25, 2023 at 5:10 PM,
Executed at: 1999 BRYAN STREET, STE 900, DALLAS, TX 75201
at 8:31 AM, on Thursday, January 26, 2023, by delivering to the within named:
BANK OF AMERICA, NA
By delivering to its Registered Agent, CT CORPORATION SYSTEM
By delivering to its Authorized Employee, TERRI THONGSAVAT
a true copy of this
SUBPOENA TO COMPEL PRODUCTION OF DOCUMENTS AND TANGIBLE THIN S
ISSUED IN THE NAME OF THE STATE OF TEXAS
having first endorsed thereon the date of the delivery. An $11.00 witness fee was tendered and accepted.
BEFORE ME, the undersigned authority, on this day personally appeared Adil Tadli who after being duly sworn on oath
states: "My name is Adil Taali. | am a person not less than eighteen (18) years of age and I am competent to make this
oath. | am a resident of the State of Texas. I have personal knowledge of the facts and statements contained herein and
aver that each is true and correct. I am not a party to nor related or affiliated with any party to this suit. I have no interest
in the outcome of the suit. I have never been convicted of a felony or of a misdemeanor involving moral turpitude. I am
familiar with the Texas Rules of Civil Procedure, and the Texas Civil Practice and Remedies Codes as they apply to
service of process. | am certified by the Judicial Branch Certification Commission to deliver citations and other notices
from any District, County and Justice Courts in and for the State of Texas in compliance with rule 103 and 501.2 of the
a
TRCP.”
By:
Adil Tadli - PSC 1206
- Exp 05/31/24
served@specialdelivery.com
Subscribed and Sworn to by Adil Tadli, Before Me, the undersigned authority, on this 1h day
Docbt UD
of January, 2023.
BRITTNEY LEIGH WOODALL
fe; Notary Public Notary Publi and for the State of Texas
fe] STATE OF TEXAS
ors 1D#12979020-7
My Comm. Exp. Sept. 9, 2023
CAUSE NO. 22-DCV-294,986
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
ERIKA LYNNE WARREN MCGAUGHEY § 505TH JUDICIAL DISTRICT
AND
THOMAS RAYMOND MCGAUGHEY, JR. § FORT BEND COUNTY, TEXAS
SUBPOENA To COMPEL PRODUCTION OF DOCUMENTS AND TANGIBLE THINGS
* ISSUED IN THE NAME OF THE STATE OF TEXAS
You, Custodian of Records for BANK OF AMERICA, NA, Registered Agent CT
Corporation System, 1999 Bryan St., Suite 900, Dallas, TX 75201-3136 are hereby commanded
to appear at SMITH WILSON & DENNIS, P.C., 735 Yale Street, Houston, Harris County, Texas,
on March 15, 2023 at 8:00 a.m. and produce at that time and place the following documents or
tangible things in your possession, custody, or control relating to the case entitled "In the Matter
of the Marriage of Erika Lynne Warren McGaughey and Thomas Raymond McGaughey’ and filed
under Cause No. 22-DCV-294,986, in the 505" Judicial District Court of Fort Bend County, Texas:
Thomas Raymond McGaughey Thomas Raymond McGaughey
16328 Mellow Oaks Lane 743 Passaic Avenue
Sugar Land, Texas 77498 Passaic,
Date of Birth; Date of Birt
Soc} Soci
TDI TOl
1 Any and all books, records and account numbers of any funds or accounts
held in the name of Thomas Raymond McGaughey, Individually or in conjunction with
any other person or persons, or held for the benefit of Thomas Raymond McGaughey
or in which Thomas Raymond McGaughey has or had any interest, from January 1,
2010 to the present date.
2. Any and all books, records, credit applications or financial statements
relating to any loans, extensions of credit, revolving credit, or other debts and
security in the name of Thomas Raymond McGaughey, individually or in
conjunction with any other person or persons, or loaned for Thomas Raymond
McGaughey’s benefit or in which Thomas Raymond McGaughey has or had any
interest, from January 1, 2010 to the present date.
3. Any and all monthly, quarterly and/or annual statements in the name of
Thomas Raymond McGaughey, individually or in conjunction with any other person
or persons, or held for the benefit of Thomas Raymond McGaughey or in which
Thomas Raymond McGaughey has or had any interest, from January 1, 2010 to the
present date.
4. Copies of any and all checks written against or deposited in the name of
Thomas Raymond McGaughey, individually or in conjunction with any other person
or persons, or held for the benefit of Thomas Raymond McGaughey or in which
Thomas Raymond McGaughey has or had any interest, from January 1, 2010 to the
present date.
McGaughey / Subpoena to Bank of America, NA Page 1
~ on
5. Any and all documentation of any other transactions pertaining any and ail
accounts, including deposits, withdrawals and transfers and any information that
relates to funds deposited, withdrawn or transferred to Thomas Raymond
McGaughey from January 1, 2010, to the present date.
6. Any other information and instruction for disposition of funds withdrawn by
any means, including mailing instructions in the name of Thomas Raymond
McGaughey, individually or in conjunction with any other person or Persons,
held for the benefit of Thomas Raymond McGaughey or in which Thomas Raymond
McGaughey has or had any interest, from January 1, 2010, to the present date.
7. All correspondence and memoranda in the name of Thomas Raymond
McGaughey, individually or in conjunction with any other person or Persons, or
held for the benefit of Thomas Raymond McGaughey or in which Thomas Raymond
McGaughey has or had any interest, from January 1, 2010 to the present date. -
8 All. signature: cards, deposit-box rental agreements, deposit-box entry
records, records of assets in safekeeping, bank statements, deposit records,
withdrawal records of all checking accounts, savings accounts, certificates of
deposit, or interest-bearing accounts maintained in the name of in the name of
Thomas Raymond McGaughey, Individually or in conjunction with any other person
or persons, or held for the benefit of Thomas Raymond McGaughey or in which
Thomas Raymond Mi icGaughey has or had any interest, from January 1, 2010 tothe
present date. :
9. All records maintained in the name of Thomas Ri aymond McGaughey,
individually or in conjunction with any other person or pel rsons, or held for the
benefit of Thomas Raymond McGaughey or in which Thomas Ra! ymond McGaughey
has or had any interest, from January 1, 2010 to the presentd: late.
This subpoena is issued at the instance of ERIKA LYNNE WARREN MCGAUGHEY,
Petitio ner in the above-referenced case, by and through her attorney of record, TASHA MCINNIS
WILSON of SMITH WILSON & DENNIS, P.C.
FAILURE OF ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A SUBPOENA
SERVED ON THAT PERSON MAY BE DEEMED A CONTEMPT OF THE COURT FROM WHICH
THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN THE COUNTY IN WHICH THE
SUBPOENA IS SERVED, AND MAY BE PUNISHED BY FINE, OR CONFINEMENT, OR BOTH.
An
This subpoena is issued on f Labi. a be 2023 by:
SMITH WILSON & DENNIS, P.C.
735 Yale Street
)—
Houston, Texas 77007
Tel: (713) 863+ 3
Fax: (743) 8639303
CINNIS WIESON”
tate’ No. 24051027
Twilson@swdlaw-pc.com
McG jaughey / Subpoena to Bank of America, NA Page 2
Proof of Service
| accept service of the attached subpoena and
will appear at the time and place directed in the s ubpoena.
Date:
(Signature of witness)
| am over the age of eighteen years. | am not a party
in the above-entilled and -numbered cause of action. On I served a
o
subpoena, of which this is a true and correct copy, on
personally handing the subpoena to the named individual or in accordance with rule 176.5(a)
the Texas Rules of Civil Procedure. | also tendered to the witness the witness fees required by
law at the time the subpoena was delivered.
Date:
(Stanature at person serving subpoena)
rrr
McGaughey / Subpoena to Bank of America, NA Page 3
CAUSE NO. 22-DCV-294986
JN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
ERIKA LYNNE WARREN MCGAUGHEY 505TH JUDICIAL DISTRICT
AND
THOMAS RAYMOND MCGAUGHEY, §
JR. § FORT BEND COUNTY, TEXAS
AFFIDAVIT,.FOR BUSINESS RECORDS
appeared before me today and stated under oath:
"My name is .. lam above the age of eighteen years,
and | am fully competent to make this affidavit. The facts stated in this affidavit are within my
personal knowledge and are true and correct.
“| am the custodian of the records of BANK OF AMERICA, NA and am farniliar with the
manner in which its records are created and maintained by virtue of my duties and
responsibilities.”
“Lam the custodian of the records of BANK OF AMERICA, NA. Attached to this affidavit
are pages of ret rds from BANK OF AMERICA, NA. These pages of records are
kept by BANK OF AMERICA, in the regular course of business, and it was the regular course
of business of BANK OF AMERICA, NA for an employee or representative of BANK OF
AMERICA, NA, with knowledge of the act, event, condition, opinion or diagnosis recorded, to
make the record or to transmit information thereof to be included in the record. The record was
made at or near the time or reasonably soon thereafter. The records attached to this affidavit are
the original or exact duplicates of the original.”
Affiant
SIGNED under oath before me on
Notary Public, State of Texas
McGaughey / Subpoena to Bank of America, Page 4
Preview
Filed 1/30/2023 2:31 PM Beverley McGrew Walker District Clerk CAUSE NO. 22-DCV-294986 Fort Bend County, Texas Ameena Khan IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF ERIKA LYNN WARREN MCGAUGHEY AND THOMAS RAYMOND MCGAUGHEY, JR. 505TH JUDICIAL DISTRICT § FORT BEND COUNTY, TEXAS RETURN OF SERVICE Came to my hand on Wednesday, January 25, 2023 at 5:10 PM, Executed at: 1999 BRYAN STREET, STE 900, DALLAS, TX 75201 at 8:31 AM, on Thursday, January 26, 2023, by delivering to the within named: BANK OF AMERICA, NA By delivering to its Registered Agent, CT CORPORATION SYSTEM By delivering to its Authorized Employee, TERRI THONGSAVAT a true copy of this SUBPOENA TO COMPEL PRODUCTION OF DOCUMENTS AND TANGIBLE THIN S ISSUED IN THE NAME OF THE STATE OF TEXAS having first endorsed thereon the date of the delivery. An $11.00 witness fee was tendered and accepted. BEFORE ME, the undersigned authority, on this day personally appeared Adil Tadli who after being duly sworn on oath states: "My name is Adil Taali. | am a person not less than eighteen (18) years of age and I am competent to make this oath. | am a resident of the State of Texas. I have personal knowledge of the facts and statements contained herein and aver that each is true and correct. I am not a party to nor related or affiliated with any party to this suit. I have no interest in the outcome of the suit. I have never been convicted of a felony or of a misdemeanor involving moral turpitude. I am familiar with the Texas Rules of Civil Procedure, and the Texas Civil Practice and Remedies Codes as they apply to service of process. | am certified by the Judicial Branch Certification Commission to deliver citations and other notices from any District, County and Justice Courts in and for the State of Texas in compliance with rule 103 and 501.2 of the a TRCP.” By: Adil Tadli - PSC 1206 - Exp 05/31/24 served@specialdelivery.com Subscribed and Sworn to by Adil Tadli, Before Me, the undersigned authority, on this 1h day Docbt UD of January, 2023. BRITTNEY LEIGH WOODALL fe; Notary Public Notary Publi and for the State of Texas fe] STATE OF TEXAS ors 1D#12979020-7 My Comm. Exp. Sept. 9, 2023 CAUSE NO. 22-DCV-294,986 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § ERIKA LYNNE WARREN MCGAUGHEY § 505TH JUDICIAL DISTRICT AND THOMAS RAYMOND MCGAUGHEY, JR. § FORT BEND COUNTY, TEXAS SUBPOENA To COMPEL PRODUCTION OF DOCUMENTS AND TANGIBLE THINGS * ISSUED IN THE NAME OF THE STATE OF TEXAS You, Custodian of Records for BANK OF AMERICA, NA, Registered Agent CT Corporation System, 1999 Bryan St., Suite 900, Dallas, TX 75201-3136 are hereby commanded to appear at SMITH WILSON & DENNIS, P.C., 735 Yale Street, Houston, Harris County, Texas, on March 15, 2023 at 8:00 a.m. and produce at that time and place the following documents or tangible things in your possession, custody, or control relating to the case entitled "In the Matter of the Marriage of Erika Lynne Warren McGaughey and Thomas Raymond McGaughey’ and filed under Cause No. 22-DCV-294,986, in the 505" Judicial District Court of Fort Bend County, Texas: Thomas Raymond McGaughey Thomas Raymond McGaughey 16328 Mellow Oaks Lane 743 Passaic Avenue Sugar Land, Texas 77498 Passaic, Date of Birth; Date of Birt Soc} Soci TDI TOl 1 Any and all books, records and account numbers of any funds or accounts held in the name of Thomas Raymond McGaughey, Individually or in conjunction with any other person or persons, or held for the benefit of Thomas Raymond McGaughey or in which Thomas Raymond McGaughey has or had any interest, from January 1, 2010 to the present date. 2. Any and all books, records, credit applications or financial statements relating to any loans, extensions of credit, revolving credit, or other debts and security in the name of Thomas Raymond McGaughey, individually or in conjunction with any other person or persons, or loaned for Thomas Raymond McGaughey’s benefit or in which Thomas Raymond McGaughey has or had any interest, from January 1, 2010 to the present date. 3. Any and all monthly, quarterly and/or annual statements in the name of Thomas Raymond McGaughey, individually or in conjunction with any other person or persons, or held for the benefit of Thomas Raymond McGaughey or in which Thomas Raymond McGaughey has or had any interest, from January 1, 2010 to the present date. 4. Copies of any and all checks written against or deposited in the name of Thomas Raymond McGaughey, individually or in conjunction with any other person or persons, or held for the benefit of Thomas Raymond McGaughey or in which Thomas Raymond McGaughey has or had any interest, from January 1, 2010 to the present date. McGaughey / Subpoena to Bank of America, NA Page 1 ~ on 5. Any and all documentation of any other transactions pertaining any and ail accounts, including deposits, withdrawals and transfers and any information that relates to funds deposited, withdrawn or transferred to Thomas Raymond McGaughey from January 1, 2010, to the present date. 6. Any other information and instruction for disposition of funds withdrawn by any means, including mailing instructions in the name of Thomas Raymond McGaughey, individually or in conjunction with any other person or Persons, held for the benefit of Thomas Raymond McGaughey or in which Thomas Raymond McGaughey has or had any interest, from January 1, 2010, to the present date. 7. All correspondence and memoranda in the name of Thomas Raymond McGaughey, individually or in conjunction with any other person or Persons, or held for the benefit of Thomas Raymond McGaughey or in which Thomas Raymond McGaughey has or had any interest, from January 1, 2010 to the present date. - 8 All. signature: cards, deposit-box rental agreements, deposit-box entry records, records of assets in safekeeping, bank statements, deposit records, withdrawal records of all checking accounts, savings accounts, certificates of deposit, or interest-bearing accounts maintained in the name of in the name of Thomas Raymond McGaughey, Individually or in conjunction with any other person or persons, or held for the benefit of Thomas Raymond McGaughey or in which Thomas Raymond Mi icGaughey has or had any interest, from January 1, 2010 tothe present date. : 9. All records maintained in the name of Thomas Ri aymond McGaughey, individually or in conjunction with any other person or pel rsons, or held for the benefit of Thomas Raymond McGaughey or in which Thomas Ra! ymond McGaughey has or had any interest, from January 1, 2010 to the presentd: late. This subpoena is issued at the instance of ERIKA LYNNE WARREN MCGAUGHEY, Petitio ner in the above-referenced case, by and through her attorney of record, TASHA MCINNIS WILSON of SMITH WILSON & DENNIS, P.C. FAILURE OF ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A SUBPOENA SERVED ON THAT PERSON MAY BE DEEMED A CONTEMPT OF THE COURT FROM WHICH THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN THE COUNTY IN WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY FINE, OR CONFINEMENT, OR BOTH. An This subpoena is issued on f Labi. a be 2023 by: SMITH WILSON & DENNIS, P.C. 735 Yale Street )— Houston, Texas 77007 Tel: (713) 863+ 3 Fax: (743) 8639303 CINNIS WIESON” tate’ No. 24051027 Twilson@swdlaw-pc.com McG jaughey / Subpoena to Bank of America, NA Page 2 Proof of Service | accept service of the attached subpoena and will appear at the time and place directed in the s ubpoena. Date: (Signature of witness) | am over the age of eighteen years. | am not a party in the above-entilled and -numbered cause of action. On I served a o subpoena, of which this is a true and correct copy, on personally handing the subpoena to the named individual or in accordance with rule 176.5(a) the Texas Rules of Civil Procedure. | also tendered to the witness the witness fees required by law at the time the subpoena was delivered. Date: (Stanature at person serving subpoena) rrr McGaughey / Subpoena to Bank of America, NA Page 3 CAUSE NO. 22-DCV-294986 JN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF ERIKA LYNNE WARREN MCGAUGHEY 505TH JUDICIAL DISTRICT AND THOMAS RAYMOND MCGAUGHEY, § JR. § FORT BEND COUNTY, TEXAS AFFIDAVIT,.FOR BUSINESS RECORDS appeared before me today and stated under oath: "My name is .. lam above the age of eighteen years, and | am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. “| am the custodian of the records of BANK OF AMERICA, NA and am farniliar with the manner in which its records are created and maintained by virtue of my duties and responsibilities.” “Lam the custodian of the records of BANK OF AMERICA, NA. Attached to this affidavit are pages of ret rds from BANK OF AMERICA, NA. These pages of records are kept by BANK OF AMERICA, in the regular course of business, and it was the regular course of business of BANK OF AMERICA, NA for an employee or representative of BANK OF AMERICA, NA, with knowledge of the act, event, condition, opinion or diagnosis recorded, to make the record or to transmit information thereof to be included in the record. The record was made at or near the time or reasonably soon thereafter. The records attached to this affidavit are the original or exact duplicates of the original.” Affiant SIGNED under oath before me on Notary Public, State of Texas McGaughey / Subpoena to Bank of America, Page 4