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ILED
TARRANT COUNTY
8/14/2019 1:37 PM
067-305497-19 THOMAS A. WILDER
DISTRICT CLERK
067-305497-19.
LEE ADRIAN MORRELL, IN THE DISTRICT COURT
Plaintiff,
vs. 674 JUDICIAL DISTRICT
MICHELLE BASSINGER,
Defendants. TARRANT COUNTY, TEXAS
MOTION FOR CITATION BY PUBLICATION
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff, LEE ADRIAN MORELL, an individual residing in Tarrant County, Texas, pursuant to Rules
109 & 116 of the Texas Rules of Civil Procedure, files this Motion for Citation by Publication on the Defendant,
MICHELE BASSINGER, and, in support hereof, would respectfully show the following:
L
1.01. This suit was filed as a Quiet Title action against a possible claimed ownership interest of the
Defendant in Property located in Tarrant County, Texas, who may claim some ownership interest as a possible
heir of Raymond L. Keown who died intestate on March 27, 2015, in Tarrant County, Texas. The following
described real property with improvements is the subject of the Quiet Title action:
LOT 19, BLOCK A, CINNAMON RIDGE, PHASE TWO, an addition to the City of Euless,
Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-152, Page 54 of
the Plat Records of Tarrant County, Texas.
1,02. The street address associated with the Property described above is 306 Cinnamon Lane, Euless
(Tarrant County), Texas 76039-7936.
1.03. The Defendant is a necessary party to this action who must be served with citation and process
in this case via citation by publication in accordance with Rule 109 & 116 of the Texas Rules of Civil Procedure
(TR.CP,).
1.04. Plaintiff is the spouse of Raymond L. Keown who seeks by her lawsuit to quiet the title to the
Property against any claimed ownership interest of the Defendant.
1.05. Raymond L. Keown died intestate on March 27, 2015, while domiciled in Euless (Tarrant
County), Texas 76039-7936.
1.06. It is unknown whether the Defendant asserts any claim of ownership in the property described
above hence the filing of this Motion for Citation by Publication.
IL.
2.01. Texas Rules of Civil Procedure § 109 authorizes citation by publication when a party to a
lawsuit is unable to determine the whereabouts or residence of a party upon whom service is required after
diligent inquiry has been made, or when the Defendant may be absent from or may be a non-resident of the state.
Moreover, the Texas Rules of Civil Procedure mandate service by publication in the county where the land is
located when the suit involves the title to the land or partition of the land, or a portion thereof. § 116, T.R.C.P.
Furthermore, the Texas Rules of Civil Procedure authorize service by publication when a party to a suit or their
whereabouts are unknown to the party attempting service. §§ 111 - 113, T.R.C.P.
2.02. Since the land is located in Tarrant County, Texas, service by publication appears mandated in
Tarrant County, Texas, according to applicable rules of procedure. Plaintiff is unaware of any other possible
out-of-state residence of the Defendant or Plaintiff would have attempted service at that address in other
proceedings where the Defendant may claim some ownership interest in the Property.
Ml.
3.01. Plaintiff's counsel together with two other parties have attempted unsuccessfully to determine
the whereabouts of the Defendant all to no avail thus prompting the filing of this Motion for Citation by
Publication as evidence by the three Affidavits attached hereto and made a part hereof for all purposes.
3.02. In support of this Motion, the Affidavit of Plaintiff's counsel, John E, Barber, is attached hereto
as Exhibit A and made a part hereof for all purposes detailing the efforts expended by the Affiant to locate the
Defendant.
3.03. In further support of this Motion, the Affidavit of Lin Lux, d/b/a iCite Investigations is attached
hereto as Exhibit B and made a part hereof for all purposes detailing the efforts expended by the Affiant to
locate the Defendant.
3.04. In further support of this Motion, the Affidavit of Attorney, Tom Ryder, is attached hereto as
Exhibit C and made a part hereof for all purposes detailing the efforts expended by the Affiant to locate the
Defendant.
Iv.
4.01. Acting by and through her attorney (Exhibit A), and by and through the parties identified in
Exhibit B and Exhibit C, Plaintiff has made diligent inquiry to ascertain an address and whereabouts of the
Defendant, MICHELE BASINGER, throughout the United States of America through the efforts described in
the attached Exhibits A, B and C. Plaintiff has been unable to ascertain the whereabouts or location of the
Defendant and has therefore been unable to obtain personal service over the Defendant by identifying an address
for the Defendant as required by Rules 108 and 109, T.R.C.P. hence the filing of this Motion for Citation by
Publication.
4.02. Plaintiff therefore requests the Court to grant her Motion for Citation by Publication over the
Defendant, MICHELE BASINGER in the form and manner presented by the attached Exhibit D attached
hereto and made a part hereof for all purposes.
WHEREFORE, PREMISES CONSIDERED, Plaintiff, LEE ADRIAN MORELL, requests the Court
to authorize service upon the Defendant, MICHELE BASINGER, by publication in accordance with the
requirements prescribed by Rule 116 of the Texas Rules of Civil Procedure in suits involving the title to land or
partition of real estate located in Tarrant County, Texas. Plaintiff seeks by her lawsuit to quiet the title against
any claimed ownership interest of the Defendant hence the filing of this Motion for authorization of citation by
publication.
Plaintiff prays for general relief.
Respectfully Submitted,
John E. Barber
JOHN E. BARBER, PLLC
Attorney & Counselor at Law
The Traner Building
1008 N. Davis, Suite 135
PLAINTIFF’S MOTION FOR CITATION BY PUBLICATION - PAGE2
Arlington, TX 76012-3235
(817) 271 pond Voice
(817, ‘sim:
texaslawye WG
WZ
By:
ohn E. Barber
SB# 01706100
ATTORNEY FOR PLAINTIFF
LEE ADRIAN MORELL
PLAINTIFF’S MOTION FOR CITATION BY PUBLICATION - PAGE3
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ILED TARRANT COUNTY 8/14/2019 1:37 PM 067-305497-19 THOMAS A. WILDER DISTRICT CLERK 067-305497-19. LEE ADRIAN MORRELL, IN THE DISTRICT COURT Plaintiff, vs. 674 JUDICIAL DISTRICT MICHELLE BASSINGER, Defendants. TARRANT COUNTY, TEXAS MOTION FOR CITATION BY PUBLICATION TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff, LEE ADRIAN MORELL, an individual residing in Tarrant County, Texas, pursuant to Rules 109 & 116 of the Texas Rules of Civil Procedure, files this Motion for Citation by Publication on the Defendant, MICHELE BASSINGER, and, in support hereof, would respectfully show the following: L 1.01. This suit was filed as a Quiet Title action against a possible claimed ownership interest of the Defendant in Property located in Tarrant County, Texas, who may claim some ownership interest as a possible heir of Raymond L. Keown who died intestate on March 27, 2015, in Tarrant County, Texas. The following described real property with improvements is the subject of the Quiet Title action: LOT 19, BLOCK A, CINNAMON RIDGE, PHASE TWO, an addition to the City of Euless, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388-152, Page 54 of the Plat Records of Tarrant County, Texas. 1,02. The street address associated with the Property described above is 306 Cinnamon Lane, Euless (Tarrant County), Texas 76039-7936. 1.03. The Defendant is a necessary party to this action who must be served with citation and process in this case via citation by publication in accordance with Rule 109 & 116 of the Texas Rules of Civil Procedure (TR.CP,). 1.04. Plaintiff is the spouse of Raymond L. Keown who seeks by her lawsuit to quiet the title to the Property against any claimed ownership interest of the Defendant. 1.05. Raymond L. Keown died intestate on March 27, 2015, while domiciled in Euless (Tarrant County), Texas 76039-7936. 1.06. It is unknown whether the Defendant asserts any claim of ownership in the property described above hence the filing of this Motion for Citation by Publication. IL. 2.01. Texas Rules of Civil Procedure § 109 authorizes citation by publication when a party to a lawsuit is unable to determine the whereabouts or residence of a party upon whom service is required after diligent inquiry has been made, or when the Defendant may be absent from or may be a non-resident of the state. Moreover, the Texas Rules of Civil Procedure mandate service by publication in the county where the land is located when the suit involves the title to the land or partition of the land, or a portion thereof. § 116, T.R.C.P. Furthermore, the Texas Rules of Civil Procedure authorize service by publication when a party to a suit or their whereabouts are unknown to the party attempting service. §§ 111 - 113, T.R.C.P. 2.02. Since the land is located in Tarrant County, Texas, service by publication appears mandated in Tarrant County, Texas, according to applicable rules of procedure. Plaintiff is unaware of any other possible out-of-state residence of the Defendant or Plaintiff would have attempted service at that address in other proceedings where the Defendant may claim some ownership interest in the Property. Ml. 3.01. Plaintiff's counsel together with two other parties have attempted unsuccessfully to determine the whereabouts of the Defendant all to no avail thus prompting the filing of this Motion for Citation by Publication as evidence by the three Affidavits attached hereto and made a part hereof for all purposes. 3.02. In support of this Motion, the Affidavit of Plaintiff's counsel, John E, Barber, is attached hereto as Exhibit A and made a part hereof for all purposes detailing the efforts expended by the Affiant to locate the Defendant. 3.03. In further support of this Motion, the Affidavit of Lin Lux, d/b/a iCite Investigations is attached hereto as Exhibit B and made a part hereof for all purposes detailing the efforts expended by the Affiant to locate the Defendant. 3.04. In further support of this Motion, the Affidavit of Attorney, Tom Ryder, is attached hereto as Exhibit C and made a part hereof for all purposes detailing the efforts expended by the Affiant to locate the Defendant. Iv. 4.01. Acting by and through her attorney (Exhibit A), and by and through the parties identified in Exhibit B and Exhibit C, Plaintiff has made diligent inquiry to ascertain an address and whereabouts of the Defendant, MICHELE BASINGER, throughout the United States of America through the efforts described in the attached Exhibits A, B and C. Plaintiff has been unable to ascertain the whereabouts or location of the Defendant and has therefore been unable to obtain personal service over the Defendant by identifying an address for the Defendant as required by Rules 108 and 109, T.R.C.P. hence the filing of this Motion for Citation by Publication. 4.02. Plaintiff therefore requests the Court to grant her Motion for Citation by Publication over the Defendant, MICHELE BASINGER in the form and manner presented by the attached Exhibit D attached hereto and made a part hereof for all purposes. WHEREFORE, PREMISES CONSIDERED, Plaintiff, LEE ADRIAN MORELL, requests the Court to authorize service upon the Defendant, MICHELE BASINGER, by publication in accordance with the requirements prescribed by Rule 116 of the Texas Rules of Civil Procedure in suits involving the title to land or partition of real estate located in Tarrant County, Texas. Plaintiff seeks by her lawsuit to quiet the title against any claimed ownership interest of the Defendant hence the filing of this Motion for authorization of citation by publication. Plaintiff prays for general relief. Respectfully Submitted, John E. Barber JOHN E. BARBER, PLLC Attorney & Counselor at Law The Traner Building 1008 N. Davis, Suite 135 PLAINTIFF’S MOTION FOR CITATION BY PUBLICATION - PAGE2 Arlington, TX 76012-3235 (817) 271 pond Voice (817, ‘sim: texaslawye WG WZ By: ohn E. Barber SB# 01706100 ATTORNEY FOR PLAINTIFF LEE ADRIAN MORELL PLAINTIFF’S MOTION FOR CITATION BY PUBLICATION - PAGE3