Citation by Publication/Notice Details

Cause Number : 2021V-0013
Name(s) of party to be served : Connie Waiters; Olivia M. Waiters; James P. Waiters; Milton Waiters; Timothy Waiters; John Owens Waiters; Willie Ellis Waiters; Hattie E. Waiters; Unknown Heirs of James P. Waiters, Sr.; Unknown Heirs of Hannah Waiters;
Court/County : 155th District Court - Austin County (Austin)
Citation Type : Other – Citation by Publication or Notice
Publication Start Date :  2/8/2021
Publication End Date :  3/4/2021
Status : Return Pending
Citation/Notice Text :

TO: CONNIE WAITERS, OLIVIA M. WAITERS, JAMES P. WAITERS, MILTON WAITERS, TIMOTHY WAITERS, JOHN OWENS WAITERS, WILLIE ELLIS WAITERS, AND HATTIE E. WAITERS, AND, IF ANY OF SAID DEFENDANTS ARE DECEASED, THE UNKNOWN HEIRS AND THE UNKNOWN HEIRS OF THE UNKNOWN HEIRS OF EACH OF THE DECEASED DEFENDANTS; THE UNKNOWN HEIRS OF JAMES P. WAITERS, SR., WHO IS DECEASED, AND THE UNKNOWN HEIRS OF THE UNKNOWN HEIRS OF JAMES P. WAITERS, SR.; THE UNKNOWN HEIRS OF HANNAH WAITERS, WHO IS DECEASED, AND THE UNKNOWN HEIRS OF THE UNKNOWN HEIRS OF HANNAH WAITERS; THE RESIDENCE AND ADDRESS OF EACH OF THE DEFENDANTS NAMED AND/OR REFERRED TO IN THE PARAGRAPH ABOVE IS UNKNOWN. YOU AND EACH OF YOU, ARE COMMANDED TO APPEAR AND TO ANSWER BEFORE THE 155TH JUDICIAL DISTRICT COURT OF AUSTIN COUNTY, TEXAS, LOCATED IN THE AUSTIN COUNTY COURTHOUSE, ONE EAST MAIN, BELLVILLE, TEXAS 77418, AT OR BEFORE 10:00 O'CLOCK A.M. OF THE MONDAY NEXT AFTER THE EXPIRATION OF FORTY-TWO (42) DAYS FROM THE DATE OF ISSUANCE OF THIS CITATION, THE SAME BEING MARCH 22, 2021, THEN AND THERE TO ANSWER THE PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION IN CAUSE NUMBER 2021V-0013, STYLED “CARMEN D. WHITE, TRUSTEE OF THE REECE V. WAITERS AND DEBORAH WAITERS FAMILY TRUST VS. CONNIE WAITERS, ET AL”, IN WHICH CARMEN D. WHITE, TRUSTEE OF THE REECE V. WAITERS IS THE PLAINTIFF AND THE DEFENDANTS ARE ALL OF THE ABOVE NAMED CITED DEFENDANTS. PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION WAS FILED IN CAUSE NO. 2021V-0013 ON FEBRUARY 4, 2021. PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION DISCLOSES THAT THE NATURE OF THE SUIT IS AS FOLLOWS: THIS IS A TRESPASS TO TRY TITLE SUIT AND, IN THE ALTERNATIVE, A SUIT TO QUIET TITLE. SPECIAL PLEAS MADE BY PLAINTIFF INCLUDE ALL STATUTES OF LIMITATIONS UNDER TEX. CIV. PRAC. & REM. §16.024 THROUGH 16.029 AND LOST DEED. THE LAND WHICH IS THE SUBJECT OF THIS SUIT IS LOCATED IN BOTH AUSTIN COUNTY, TEXAS AND WASHINGTON COUNTY, TEXAS AND IS DESCRIBED AS FOLLOWS: 50 ACRES OF LAND PARTLY LOCATED IN AUSTIN COUNTY, TEXAS AND PARTLY LOCATED IN WASHINGTON COUNTY, TEXAS, WHICH 50 ACRES IS PART OF THE JOEL LAKEY LEAGUE, A-72, WASHINGTON COUNTY, TEXAS AND A-63, AUSTIN COUNTY, TEXAS, AND BEING THE SAME LAND DESCRIBED IN A DEED FROM REECE VAN WAITERS, EX UX TO REECE V. WAITERS AND DEBORAH H. WAITERS FAMILY TRUST, DATED DECEMBER 30, 1993 AND RECORDED UNDER INSTRUMENT NO. 205507 IN THE OFFICIAL PUBLIC RECORDS OF AUSTIN COUNTY, TEXAS, AND IN VOLUME 720 AT PAGE 566 IN THE OFFICIAL PUBLIC RECORDS OF WASHINGTON COUNTY, TEXAS. NOTICE: AS A DEFENDANT, YOU MAY BE REQUIRED TO 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. FIN OUT MORE AT texaslawhelp.org. THE NAME AND ADDRESS OF ATTORNEY REPRESENTING THE PLAINTIFF IS: SIDNEY LEVINE, ATTORNEY AT LAW, P O BOX 592, 110 MAIN, STE 201, SEALY TX 77474. IF THIS CITATION IS NOT SERVED WITHIN 90 DAYS AFTER THE DATE OF ITS ISSUANCE, IT SHALL BE RETURNED UNSERVED. ISSUED AND GIVEN UNDER MY HAND AND SEAL OF SAID COURT AT BELLVILLE, TEXAS ON FEBRUARY 4, 2021. ATTEST: SUE MURPHY, DISTRICT CLERK