Cause No. 2008-CI-99999

WIZARD OF OZ HOMEOWNERS ASSOCIATION IN THE DISTRICT COURT

VS. 225TH JUDICIAL CIRCUIT

MICKEY MOUSE, ETAL BEXAR COUNTY, TEXAS

AFFIDAVIT IN SUPPORT OF

MOTION FOR SUBSTITUTED SERVICE

In support of Plaintiff’s attached motion for an order authorizing service of, citation herein, as prescribed by Rule 106 of the Texas Rules of Civil Procedure, the undersigned, being duly sworn, states as follows:

I.

Citation for Defendant, Mickey Mouse, in the above styled and numbered case, was delivered to the undersigned Affiant a duly qualified civil process server authorized to serve citations in Bexar County, Texas pursuant to Rule 103 of the Texas Rules of Civil Procedure and Supreme Court of Texas Order. I am not a party to or interested in the outcome of this suit. I am not an employee of the attorney or his firm in this case. I am not a spouse of any of the parties to this case, or a spouse of any member of the attorney’s firm in this case. I am not an employee of a party to this case. I also do not expect to be called as a witness in this case.

II.

Defendant’s residence and/or business is believed to be at 1234 Yellow Brick Rd, San Antonio, TX 78999. Bexar County Appraisal District records reveal that Mickey & Minnie Mouse are the owners of the property located at 1234 Yellow Brick Rd, San Antonio, TX 78999, since 11 July 2002.

III.

I attempted to make personal service on the Defendant, Mickey Mouse, on the following occasions:

DATE / TIME / ADDRESS / COMMENT
9 Sept 08 / 07:41 / 1234 Yellow Brick Rd San Antonio, TX 78999 / There was no answer to my knocking or ringing of the doorbell. I left my business card wedged in the door molding above the deadbolt lock. An Oscar Meyer Weiner Mobile with TX Lic# GULP63 was parked in the drive.
9 Sept 08 / 20:44 / 1234 Yellow Brick Rd San Antonio, TX 78999 / I spoke to Dopie, who identified himself as defendant’s cousin. He said Mickey was a long haul trucker and would be back in a couple of weeks.
17 Sept 08 / 07:52 / 1234 Yellow Brick Rd San Antonio, TX 78999 / There was no answer to my knocking or ringing of the doorbell. The external porch lights were on. The Weiner Mobile was parked in the drive.
23 Sept 08 / 11:49 / 1234 Yellow Brick Rd San Antonio, TX 78999 / There was no answer to my knocking or ringing of the doorbell. No vehicles were present.
7 Oct 08 / 16:11 / 1234 Yellow Brick Rd San Antonio, TX 78999 / I spoke to Minnie Mouse, the respondent’s wife. She said that Mickey was not home and did not know when he would be back. She said he just switched companies and did not know what their schedule was yet.

IV.

For the reasons set forth above, it is impractical to secure personal service on Defendant, Mickey Mouse, and I will be unable to do so despite due diligence. Therefore, substituted service is necessary and I believe Mickey Mouse will receive effective notice of this suit by leaving copies of the citation and the attached petition with anyone over the age of sixteen (16) years at 1234 Yellow Brick Rd, San Antonio, TX 78999 or by attaching the citation with the petition attached, to either the front door, side door, back door, gate and/or fence of the residence and/or business located at 1234 Yellow Brick Rd, San Antonio, TX 78999.

V.

I have personal knowledge of the facts stated above, and they are true and correct.

______

Your Name & SCH# Typed Here , Affiant

SIGNED AND SWORN TO before me on ______, 20_____.

______

Notary Public, State of Texas

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