Preview
FILED
10/13/2023 1:58 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Debra Clark DEPUTY
Cause Number DC-22-12201
SILVER STAR MOTORCARS IN THE DISTRICT COURT
Plaintiff,
v. DALLAS COUNTY, TEXAS
§
MANHEIM REMARKETING, INC.
d/b/a MANHEIM MISSISSIPPI
Defendant. 134% JUDICICIAL DISTRICT
MOTION TO SET ASIDE DEFAULT JUDGMENT
Defendant Manheim Remarketing, Inc. d/b/a Manheim Mississippi (“Manheim”), files this
Motion to Set Aside Default Judgment and requests that the Court’s September 15, 2023 Judgment
be set aside because Manheim was never properly served with citation.
I. BACKGROUND
On September 7, 2022, Plaintiff Silver Star Motorcars (“Silver Star”) filed a lawsuit against
Defendant Manheim Marketing, Inc. d/b/a Manheim Mississippi (“Manheim”). On January 12,
2023, Silver Star purported to serve its citation and petition upon Manheim through the Texas
Secretary of State. See Ex. A. The citation that Silver Star provided to the Texas Secretary of State
listed Manheim’s address as “19353 Preston, Dallas, TX 75252.” Jd.
Manheim’s actual address is “7510 US Highway 49, Hattiesburg, MS 39402-9104.” See
Ex. B. Manheim’s registered agent in Texas is “Corporation Service Company, 211 East 7th Street,
Suite 620, Austin, TX 78701-3218.” /d.
On September 15, 2023, this Court entered a no-answer default judgment against Manheim.
Manheim now timely! requests that the Court set aside that default judgment.
1 A motion to set aside a default judgment must be filed within thirty days of the date that the Court entered the
default judgment. Tex. R. Civ. P. 329b. Thirty days from September 15, 2023 the date that this Court entered
default judgment—is Sunday, October 15, 2023. When computing a period of time, “[t]he last day of the period so
computed is to be included, unless it is a... Sunday . . . in which event the period runs until the end of the next day .
...” Tex. R. Civ. P. 4. Thus, Manheim’s deadline to file this motion is Monday, October 16, 2023.
IL. ARGUMENT
In Texas, the law “abhors a default”, Benefit Planners, L.L.P. v. Rencare, Ltd., 81 S.W.3d
855, 857 (Tex. App.—San Antonio 2002, pet. Denied), and “prefers that cases be disposed on their
merits wherever possible, rather than by default.” Gen. Elec. Capital Auto Fin. Leasing Servs., Inc.
v. Stanfield, 71 S.W.3d 351, 356 (Tex. App.—Tyler 2001, pet. Denied).
When deciding whether to set aside a default judgment, the “critical question” that Texas
courts ask is “Why did the defendant not appear?” Sutherland v. Spencer, 376 S.W.3d 752, 755
(Tex. 2012) (quoting Fid. & Guar. Ins. Co. v. Drewery Const. Co., 186 S.W.3d 571, 574 (Tex.
2006)). “If the defendant did not appear because he or she never received the suit papers, then the
court should generally set aside the default judgment.” /d. Applying this cardinal rule, courts
consistently hold that a motion to set aside a default judgment must be granted when a defendant
presents corroborated testimony that the plaintiff failed to effectuate proper service. See, e.g.,
Allied Collision Ctr., Inc. v. Clark, No. 14-15-01098-CV, 2017 WL 626637, at *2—3 (Tex. App.
Houston [14th Dist.] Feb. 14, 2017, no pet.) (holding that the trial court abused its discretion in
failing to set aside a default judgment when the defendant produced testimony that it did not
receive suit papers and there was no return of service showing that the defendant was properly
served).
Here, Manheim provides testimony that it never received a citation or petition for this
lawsuit. See Ex. B. Further, Manheim’s declaration that it did not receive suit papers is
corroborated by the fact that the citation that Silver Star provided to the Texas Secretary of State
listed the wrong address for Manheim. Indeed, the citation was addressed to “19353 Preston,
Dallas, TX 75252.” See Ex. A. The address listed in the citation is actually for Silver Star not
Manheim. See Plaintiffs Original Petition 4 3 (‘Plaintiff Silver Star is a domestic for-profit
corporation whose address is 19353 Preston, Dallas, Texas 75252.”) (Ex. C). Manheim’s correct
address is “7510 US Highway 49, Hattiesburg, MS 39402-9104.” See Ex. B. And Manheim’s
registered agent in Texas is “Corporation Service Company, 211 East 7th Street, Suite 620, Austin,
TX 78701-3218.” Id.
Therefore, this Court should set aside the default judgment because Manheim has offered
corroborated testimony that it never received suit papers.
In addition, it is well established that “a party who becomes aware of . . . proceedings
without proper service of process has no duty to participate in them.” Tummel v. MMG Bank Corp.,
No. 13-19-00097-CV, 2020 WL 2213966, at *5 (Tex. App.—Corpus Christi-Edinburg May 7,
2020, no pet.) (quoting Caldwell v. Barnes, 154 S.W.3d 93, 97 n.1 (Tex. 2004)). And “service by
the Secretary of State at the wrong address does not constitute service and any default judgment
based on such service cannot stand.” Tummel, 2020 WL 2213966, at *4 (citing Royal Surplus Lines
Ins. Co. v. Samaria Baptist Church, 840 S.W.2d 382, 383 (Tex. 1992)).
Moreover, service on the Texas Secretary of State is improper in this case because Plaintiff
has failed to establish any diligence in serving Manheim’s registered agent. “To support a default
judgment based on substituted service, the record must show that reasonable diligence was used
in seeking service on the corporation’s registered agent at the registered office.” Wright Bros.
Energy, Inc. v. Krough, 67 S.W.3d 271, 274 (Tex. App.—Houston [1“ Dist.] 2001, no pet.). Here,
the record shows that Plaintiff served itself with process through the Texas Secretary of State.
There is no evidence that it attempted to serve Manheim’s registered agent. Accordingly, even if
Silver Star offered evidence that the Texas Secretary of State forwarded the citation and petition
to Manheim—which Silver Star has not done—that would still be insufficient to support a default
judgment because, as noted above, service would have been made at the wrong address.
In sum, Manheim did not appear because it never received suit papers from Silver Star.
Silver Star’s attempted service, moreover, was patently defective by virtue of listing the wrong
address for Manheim. Thus, this Court should set aside the no-answer default judgment against
Manheim.
Ii. REQUEST FOR RELIEF
For the foregoing reasons, Defendant Manheim respectfully requests that the Court grant
Manheim’s Motion to Set Aside Default Judgment.
Respectfully submitted,
/s/ Jose M. Luzarrage
Jose M. Luzarraga
State Bar No. 00791149
Jose.Luzarraga@butlersnow.com
BUTLER SNOW LLP
2911 Turtle Creek, Suite 1400
Dallas, TX 75219
Telephone: 469-680-5500
Facsimile: 469-680-5501
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
The undersigned certifies that on October 13, 2023, a true and correct copy of the above
and foregoing was served in accordance with the Texas Rules of Civil Procedure on all counsel of
record.
/s/ Jose M. Luzarraga
Jose M. Luzarraga
83348562.v2
Exhibit A
FILED
AFFIDAVIT
1/23/2023 4:36 PM
FELICIA PITRE
FORM NO. 353-3—CITATION DISTRICT CLERK
DALLAS CO., TEXAS
THE STATE OF TEXAS
ATTACHED ESERVE
CITATION
Harper Ream DEPUTY
To ET] VG ING, NHEIM MISS SIPPI
No.: DC-22-12201
GREETINGS:
You have been sued. You may employ an attorney. If you or your attorney do not file a written
SILVER STAR MOTORCARS
answer with the clerk who issued this citation by 10 o'clock a.m. on the Monday next following the vs.
expiration of twenty days after you were served this citation and petition, a default judgment may MANHEIM REMARKETING INC, d/b/a
be taken against you. In addition to filing a written answer with the clerk, you may be required to MANHEIM MISSISSIPPI
make initial disclosures to the other parties of this suit. These disclosures generally must be made
no later than 30 days after you file your answer with the clerk. Find out more at
TexasLawHelp.org. Your answer should be addressed to the clerk of the 134th District Court at ISSUED
600 Commerce Street, Dallas, Texas 75202. on this the 21st day of September, 2022
Said Plaintiff being SILVER STAR MOTORCARS
FELICIA PITRE
Filed in said Court 7th day of September, 2022 against Clerk District Courts,
Dallas County, Texas
MANHEIM REMARKETING INC, d/b/a MANHEIM MISSISSIPPI
By: MARTIN REYES, Deputy
For Suit, said suit being numbered. DC-22-12201, the nature of which demand is as follows:
Suit on OTHER (CIVIL) etc. as shown on said petition, a copy of which accompanies Attorney for Plaintiff
this citation. If this citation is not served, it shall be returned unexecuted. DONALD H FLANARY
6800 WEISKOPF AVENUE SUITE 150
WITNESS: FELICIA PITRE, Clerk of the District Courts of Dallas, County Texas. MCKINNEY TX 75070
Given under my hand and the Seal of said Court at office on this the 21st day of September, 2022 214-762-0767
dflanary@flanarylawoffice.com
ATTEST: FELICIA PITRE, DALLAS COUNTY
>)
Clerk of the District Courts of Dallas County, Texas SERVICE FEES
a Pata NOT PAID
she
By. , Deputy SG
fos
€# j
MARTIN REYES
OFFICER'S RETURN AFFIDAVIT
ATTACHED
Cause No. DC-22-12201
Court No.: 134th District Court
Style: SILVER STAR MOTORCARS
vs.
MANHEIM REMARKETING INC, d/b/a MANHEIM MISSISSIPPI
Came to hand on the day of . 20 » at o'clock
Executed at , within the County of at
o'clock .M. on the day of. , 20
by delivering to the within named
each, in person, a true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of
delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which
witness my hand.
For serving Citation $
For mileage $ of, County,
For Notary $ By. Deputy
(Must be verified if served outside the State of Texas.)
Signed and sworn to by the said. before me this day of
20. , to certify which witness my hand and seal of office.
Notary Public County.
AFFIDAVIT OF SERVICE
State of Texas County of Dallas 134th Judicial District Court
Case Number: DC-22-12201
Plaintiff:
Silver Star Motorcars
vs.
Defendant:
Manheim Remarketing, Inc. d/b/a Manheim Mississippi
For:
jonald H. Flanary, Jr.
Donald H. Flanary, Jr., PLLC
6130 Alma Road
TH 21
McKinney, TX 75070
Received by Lucas McGill on the 12th day of January, 2023 at 10:37 am to be served on Registered Agent for Manheim
Remarketing Inc. dba Manheim Mississippi c/o Texas Secretary of State, 1019 Brazos Street, Austin, Travis County, TX
78701.
|, Lucas McGill, being duly sworn, depose and say that on the 12th day of January, 2023 at 3:29 pm, |:
delivered toa CORPORATION BY AND THROUGH ITS REGISTERED AGENT, by delivering a true copy of the 2 Citations,
Copies of Plaintiff's Original Petition; and Secretary of State of Texas $55.00 Required Fee with the date of service endorsed
thereon by me, to: Venita Moss, Texas Secretary of State as Authorized Agent at the address of: 1019 Brazos Street, Austin,
Travis County, TX 78701 on behalf of Manheim Remarketing Inc. dba Manheim Mississippi, and informed said person of the
contents therein, in compliance with state statutes.
Description of Person Served: Age: 50, Sex: F, Race/Skin Color: Black, Height: 5'8", Weight: 300, Hair: Black, Glasses: Y
My name is Lucas McGill. My date of birth is 12/24/1988. My work address is 809 Nueces, Austin, TX 78701. | declare under
penalty of perjury that the foregoing is true and correct. Executed in Travis County on January 12, 2023 by Lu: IcGill, declarant.
=
Lucas McGill
Subscribed and Sworn to before me on the 12th day PSC-16408, Exp. 2/28/2023
of January, 2023 by the affiant who is personally
known to me. On Time Couriers/Process
s 1700 Pacific Avenue
Ste 1040
NOTARY PUBLIC Dallas, TX 75201
(214) 740-9999
a Mn, "ALYSSA BAILEY BENAVIDES 3 | Our Job Serial Number: ONT-2023000203
jotary Public, State of Texa: Ref: Silver Star/Manheim
Comm. Expires 06-13-2025
oy, zn Notary ID 133809453
‘Copyright © 1992-2023 DreamBuilt Software, Inc. - Process Server's Toolbox V8.2n
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 72060156
Status as of 1/25/2023 2:20 PM CST
Associated Case Party: SILVER STAR MOTORCARS
Name BarNumber | Email TimestampSubmitted | Status
DONALD FLANARY DFLANARY@FLANARYLAWOFFICE.COM | 1/23/2023 4:36:13 PM | SENT
Exhibit B
Cause Number DC-22-12201
SILVER STAR MOTORCARS IN THE DISTRICT COURT
Plaintiff,
v. DALLAS COUNTY, TEXAS
MANHEIM REMARKETING, INC.
d/b/a MANHEIM MISSISSIPPI
Defendant. 134" JUDICICIAL DISTRICT
DECLARATION OF ROBERT BEASON
I, Robert Beason, declare as follows:
1 My name is Robert Beason. I have never been convicted of a crime, am over 18
years of age, of sound mind, and am competent to make this declaration. I have personal
knowledge of the factual matters set forth herein.
2 Iam currently the General Manager for Manheim Remarketing, Inc. d/b/a Manheim
Mississippi (“Manheim”) and have been employed by Manheim since 2000, In that capacity I am
familiar with Manheim’s business and the terms and conditions under which Manheim conducts
business.
3 Tam familiar with the lawsuit referenced above and the claims made by Plaintiff.
4. Neither the citation nor petition for the lawsuit referenced above were ever served
upon Manheim.
5 Manheim’s Mississippi address is:
7510 US Highway 49
Hattiesburg, MS 39402-9104
Manheim’s registered agent in Texas is:
Corporation Service Company
211 East 7th Street, Suite 620
Austin, TX 78701-3218
7. I declare under penalty of perjury under the laws of the State of Texas that the
foregoing is true and correct and that this Declaration was executed this 12th day of October, 2023
at Hattiesburg, Mississippi.
Ade (Se —
Robert Beason
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Gabriela Carreon on behalf of Jose Luzarraga
Bar No. 791149
Gabriela.Carreon@butlersnow.com
Envelope ID: 80615757
Filing Code Description: Motion - Set Aside - $15
Filing Description: Motion to Set Aside Default Judgment
Status as of 10/16/2023 12:07 PM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted Status
Francine Ly fly@dallascourts.org | 10/16/2023 10:37:52
AM | SENT
Associated Case Party: SILVER STAR MOTORCARS
Name BarNumber | Email TimestampSubmitted Status
DONALD FLANARY DFLANARY@FLANARYLAWOFFICE.COM | 10/16/2023 10:37:52 AM | SENT
Preview
FILED 10/13/2023 1:58 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Debra Clark DEPUTY Cause Number DC-22-12201 SILVER STAR MOTORCARS IN THE DISTRICT COURT Plaintiff, v. DALLAS COUNTY, TEXAS § MANHEIM REMARKETING, INC. d/b/a MANHEIM MISSISSIPPI Defendant. 134% JUDICICIAL DISTRICT MOTION TO SET ASIDE DEFAULT JUDGMENT Defendant Manheim Remarketing, Inc. d/b/a Manheim Mississippi (“Manheim”), files this Motion to Set Aside Default Judgment and requests that the Court’s September 15, 2023 Judgment be set aside because Manheim was never properly served with citation. I. BACKGROUND On September 7, 2022, Plaintiff Silver Star Motorcars (“Silver Star”) filed a lawsuit against Defendant Manheim Marketing, Inc. d/b/a Manheim Mississippi (“Manheim”). On January 12, 2023, Silver Star purported to serve its citation and petition upon Manheim through the Texas Secretary of State. See Ex. A. The citation that Silver Star provided to the Texas Secretary of State listed Manheim’s address as “19353 Preston, Dallas, TX 75252.” Jd. Manheim’s actual address is “7510 US Highway 49, Hattiesburg, MS 39402-9104.” See Ex. B. Manheim’s registered agent in Texas is “Corporation Service Company, 211 East 7th Street, Suite 620, Austin, TX 78701-3218.” /d. On September 15, 2023, this Court entered a no-answer default judgment against Manheim. Manheim now timely! requests that the Court set aside that default judgment. 1 A motion to set aside a default judgment must be filed within thirty days of the date that the Court entered the default judgment. Tex. R. Civ. P. 329b. Thirty days from September 15, 2023 the date that this Court entered default judgment—is Sunday, October 15, 2023. When computing a period of time, “[t]he last day of the period so computed is to be included, unless it is a... Sunday . . . in which event the period runs until the end of the next day . ...” Tex. R. Civ. P. 4. Thus, Manheim’s deadline to file this motion is Monday, October 16, 2023. IL. ARGUMENT In Texas, the law “abhors a default”, Benefit Planners, L.L.P. v. Rencare, Ltd., 81 S.W.3d 855, 857 (Tex. App.—San Antonio 2002, pet. Denied), and “prefers that cases be disposed on their merits wherever possible, rather than by default.” Gen. Elec. Capital Auto Fin. Leasing Servs., Inc. v. Stanfield, 71 S.W.3d 351, 356 (Tex. App.—Tyler 2001, pet. Denied). When deciding whether to set aside a default judgment, the “critical question” that Texas courts ask is “Why did the defendant not appear?” Sutherland v. Spencer, 376 S.W.3d 752, 755 (Tex. 2012) (quoting Fid. & Guar. Ins. Co. v. Drewery Const. Co., 186 S.W.3d 571, 574 (Tex. 2006)). “If the defendant did not appear because he or she never received the suit papers, then the court should generally set aside the default judgment.” /d. Applying this cardinal rule, courts consistently hold that a motion to set aside a default judgment must be granted when a defendant presents corroborated testimony that the plaintiff failed to effectuate proper service. See, e.g., Allied Collision Ctr., Inc. v. Clark, No. 14-15-01098-CV, 2017 WL 626637, at *2—3 (Tex. App. Houston [14th Dist.] Feb. 14, 2017, no pet.) (holding that the trial court abused its discretion in failing to set aside a default judgment when the defendant produced testimony that it did not receive suit papers and there was no return of service showing that the defendant was properly served). Here, Manheim provides testimony that it never received a citation or petition for this lawsuit. See Ex. B. Further, Manheim’s declaration that it did not receive suit papers is corroborated by the fact that the citation that Silver Star provided to the Texas Secretary of State listed the wrong address for Manheim. Indeed, the citation was addressed to “19353 Preston, Dallas, TX 75252.” See Ex. A. The address listed in the citation is actually for Silver Star not Manheim. See Plaintiffs Original Petition 4 3 (‘Plaintiff Silver Star is a domestic for-profit corporation whose address is 19353 Preston, Dallas, Texas 75252.”) (Ex. C). Manheim’s correct address is “7510 US Highway 49, Hattiesburg, MS 39402-9104.” See Ex. B. And Manheim’s registered agent in Texas is “Corporation Service Company, 211 East 7th Street, Suite 620, Austin, TX 78701-3218.” Id. Therefore, this Court should set aside the default judgment because Manheim has offered corroborated testimony that it never received suit papers. In addition, it is well established that “a party who becomes aware of . . . proceedings without proper service of process has no duty to participate in them.” Tummel v. MMG Bank Corp., No. 13-19-00097-CV, 2020 WL 2213966, at *5 (Tex. App.—Corpus Christi-Edinburg May 7, 2020, no pet.) (quoting Caldwell v. Barnes, 154 S.W.3d 93, 97 n.1 (Tex. 2004)). And “service by the Secretary of State at the wrong address does not constitute service and any default judgment based on such service cannot stand.” Tummel, 2020 WL 2213966, at *4 (citing Royal Surplus Lines Ins. Co. v. Samaria Baptist Church, 840 S.W.2d 382, 383 (Tex. 1992)). Moreover, service on the Texas Secretary of State is improper in this case because Plaintiff has failed to establish any diligence in serving Manheim’s registered agent. “To support a default judgment based on substituted service, the record must show that reasonable diligence was used in seeking service on the corporation’s registered agent at the registered office.” Wright Bros. Energy, Inc. v. Krough, 67 S.W.3d 271, 274 (Tex. App.—Houston [1“ Dist.] 2001, no pet.). Here, the record shows that Plaintiff served itself with process through the Texas Secretary of State. There is no evidence that it attempted to serve Manheim’s registered agent. Accordingly, even if Silver Star offered evidence that the Texas Secretary of State forwarded the citation and petition to Manheim—which Silver Star has not done—that would still be insufficient to support a default judgment because, as noted above, service would have been made at the wrong address. In sum, Manheim did not appear because it never received suit papers from Silver Star. Silver Star’s attempted service, moreover, was patently defective by virtue of listing the wrong address for Manheim. Thus, this Court should set aside the no-answer default judgment against Manheim. Ii. REQUEST FOR RELIEF For the foregoing reasons, Defendant Manheim respectfully requests that the Court grant Manheim’s Motion to Set Aside Default Judgment. Respectfully submitted, /s/ Jose M. Luzarrage Jose M. Luzarraga State Bar No. 00791149 Jose.Luzarraga@butlersnow.com BUTLER SNOW LLP 2911 Turtle Creek, Suite 1400 Dallas, TX 75219 Telephone: 469-680-5500 Facsimile: 469-680-5501 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE The undersigned certifies that on October 13, 2023, a true and correct copy of the above and foregoing was served in accordance with the Texas Rules of Civil Procedure on all counsel of record. /s/ Jose M. Luzarraga Jose M. Luzarraga 83348562.v2 Exhibit A FILED AFFIDAVIT 1/23/2023 4:36 PM FELICIA PITRE FORM NO. 353-3—CITATION DISTRICT CLERK DALLAS CO., TEXAS THE STATE OF TEXAS ATTACHED ESERVE CITATION Harper Ream DEPUTY To ET] VG ING, NHEIM MISS SIPPI No.: DC-22-12201 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file a written SILVER STAR MOTORCARS answer with the clerk who issued this citation by 10 o'clock a.m. on the Monday next following the vs. expiration of twenty days after you were served this citation and petition, a default judgment may MANHEIM REMARKETING INC, d/b/a be taken against you. In addition to filing a written answer with the clerk, you may be required to MANHEIM MISSISSIPPI make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 134th District Court at ISSUED 600 Commerce Street, Dallas, Texas 75202. on this the 21st day of September, 2022 Said Plaintiff being SILVER STAR MOTORCARS FELICIA PITRE Filed in said Court 7th day of September, 2022 against Clerk District Courts, Dallas County, Texas MANHEIM REMARKETING INC, d/b/a MANHEIM MISSISSIPPI By: MARTIN REYES, Deputy For Suit, said suit being numbered. DC-22-12201, the nature of which demand is as follows: Suit on OTHER (CIVIL) etc. as shown on said petition, a copy of which accompanies Attorney for Plaintiff this citation. If this citation is not served, it shall be returned unexecuted. DONALD H FLANARY 6800 WEISKOPF AVENUE SUITE 150 WITNESS: FELICIA PITRE, Clerk of the District Courts of Dallas, County Texas. MCKINNEY TX 75070 Given under my hand and the Seal of said Court at office on this the 21st day of September, 2022 214-762-0767 dflanary@flanarylawoffice.com ATTEST: FELICIA PITRE, DALLAS COUNTY >) Clerk of the District Courts of Dallas County, Texas SERVICE FEES a Pata NOT PAID she By. , Deputy SG fos €# j MARTIN REYES OFFICER'S RETURN AFFIDAVIT ATTACHED Cause No. DC-22-12201 Court No.: 134th District Court Style: SILVER STAR MOTORCARS vs. MANHEIM REMARKETING INC, d/b/a MANHEIM MISSISSIPPI Came to hand on the day of . 20 » at o'clock Executed at , within the County of at o'clock .M. on the day of. , 20 by delivering to the within named each, in person, a true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which witness my hand. For serving Citation $ For mileage $ of, County, For Notary $ By. Deputy (Must be verified if served outside the State of Texas.) Signed and sworn to by the said. before me this day of 20. , to certify which witness my hand and seal of office. Notary Public County. AFFIDAVIT OF SERVICE State of Texas County of Dallas 134th Judicial District Court Case Number: DC-22-12201 Plaintiff: Silver Star Motorcars vs. Defendant: Manheim Remarketing, Inc. d/b/a Manheim Mississippi For: jonald H. Flanary, Jr. Donald H. Flanary, Jr., PLLC 6130 Alma Road TH 21 McKinney, TX 75070 Received by Lucas McGill on the 12th day of January, 2023 at 10:37 am to be served on Registered Agent for Manheim Remarketing Inc. dba Manheim Mississippi c/o Texas Secretary of State, 1019 Brazos Street, Austin, Travis County, TX 78701. |, Lucas McGill, being duly sworn, depose and say that on the 12th day of January, 2023 at 3:29 pm, |: delivered toa CORPORATION BY AND THROUGH ITS REGISTERED AGENT, by delivering a true copy of the 2 Citations, Copies of Plaintiff's Original Petition; and Secretary of State of Texas $55.00 Required Fee with the date of service endorsed thereon by me, to: Venita Moss, Texas Secretary of State as Authorized Agent at the address of: 1019 Brazos Street, Austin, Travis County, TX 78701 on behalf of Manheim Remarketing Inc. dba Manheim Mississippi, and informed said person of the contents therein, in compliance with state statutes. Description of Person Served: Age: 50, Sex: F, Race/Skin Color: Black, Height: 5'8", Weight: 300, Hair: Black, Glasses: Y My name is Lucas McGill. My date of birth is 12/24/1988. My work address is 809 Nueces, Austin, TX 78701. | declare under penalty of perjury that the foregoing is true and correct. Executed in Travis County on January 12, 2023 by Lu: IcGill, declarant. = Lucas McGill Subscribed and Sworn to before me on the 12th day PSC-16408, Exp. 2/28/2023 of January, 2023 by the affiant who is personally known to me. On Time Couriers/Process s 1700 Pacific Avenue Ste 1040 NOTARY PUBLIC Dallas, TX 75201 (214) 740-9999 a Mn, "ALYSSA BAILEY BENAVIDES 3 | Our Job Serial Number: ONT-2023000203 jotary Public, State of Texa: Ref: Silver Star/Manheim Comm. Expires 06-13-2025 oy, zn Notary ID 133809453 ‘Copyright © 1992-2023 DreamBuilt Software, Inc. - Process Server's Toolbox V8.2n Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 72060156 Status as of 1/25/2023 2:20 PM CST Associated Case Party: SILVER STAR MOTORCARS Name BarNumber | Email TimestampSubmitted | Status DONALD FLANARY DFLANARY@FLANARYLAWOFFICE.COM | 1/23/2023 4:36:13 PM | SENT Exhibit B Cause Number DC-22-12201 SILVER STAR MOTORCARS IN THE DISTRICT COURT Plaintiff, v. DALLAS COUNTY, TEXAS MANHEIM REMARKETING, INC. d/b/a MANHEIM MISSISSIPPI Defendant. 134" JUDICICIAL DISTRICT DECLARATION OF ROBERT BEASON I, Robert Beason, declare as follows: 1 My name is Robert Beason. I have never been convicted of a crime, am over 18 years of age, of sound mind, and am competent to make this declaration. I have personal knowledge of the factual matters set forth herein. 2 Iam currently the General Manager for Manheim Remarketing, Inc. d/b/a Manheim Mississippi (“Manheim”) and have been employed by Manheim since 2000, In that capacity I am familiar with Manheim’s business and the terms and conditions under which Manheim conducts business. 3 Tam familiar with the lawsuit referenced above and the claims made by Plaintiff. 4. Neither the citation nor petition for the lawsuit referenced above were ever served upon Manheim. 5 Manheim’s Mississippi address is: 7510 US Highway 49 Hattiesburg, MS 39402-9104 Manheim’s registered agent in Texas is: Corporation Service Company 211 East 7th Street, Suite 620 Austin, TX 78701-3218 7. I declare under penalty of perjury under the laws of the State of Texas that the foregoing is true and correct and that this Declaration was executed this 12th day of October, 2023 at Hattiesburg, Mississippi. Ade (Se — Robert Beason Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Gabriela Carreon on behalf of Jose Luzarraga Bar No. 791149 Gabriela.Carreon@butlersnow.com Envelope ID: 80615757 Filing Code Description: Motion - Set Aside - $15 Filing Description: Motion to Set Aside Default Judgment Status as of 10/16/2023 12:07 PM CST Case Contacts Name BarNumber | Email TimestampSubmitted Status Francine Ly fly@dallascourts.org | 10/16/2023 10:37:52 AM | SENT Associated Case Party: SILVER STAR MOTORCARS Name BarNumber | Email TimestampSubmitted Status DONALD FLANARY DFLANARY@FLANARYLAWOFFICE.COM | 10/16/2023 10:37:52 AM | SENT