Mount Vernon Optic-Herald

DISTRICT CLERK:
208 South Highway 37
Mt. Vernon, Texas 75457

PLAINTIFF’S ATTORNEY:
PAULA H. POWELL
Cherryhill Drive
Tyler, Texas 75703

THE STATE OF TEXAS

NOTICE TO DEFENDANTS: “You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of forty-two (42) days after the date of issuance of this citation and petition, a default judgment may be taken against you.”

TO:  JEFF BURKHAM, TIMOTHY JOEL SANDERS, LAWRENCE S. FLANNERY, J.B. HEDRICK AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSONS ARE DECEASED , Defendants in the  herein described.

You and each of you are hereby commanded to appear and answer before the 62nd Judicial District Court in the Franklin County Courthouse in _Mt. Vernon,  Franklin County, Texas at or before 9:00 a.m. on the first Monday after the expiration of forty-two (42) days from the date of issuance hereof, being at or before 10:00 a,m, on Monday, the 19 day of Dec. 2011, then and there to answer the petition of EXXON MOBIL CORPORATION, in Cause No. 11308, styled EXXON MOBIL CORPORATION vs JEFF BURKHAM, TIMOTHY JOEL SANDERS, LAWRENCE S. FLANNERY, J.B. HEDRICK AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSONS ARE DECEASED,  wherein the said EXXON MOBIL CORPORATION is Plaintiff, and the said JEFF BURKHAM, TIMOTHY JOEL SANDERS, LAWRENCE S. FLANNERY,  J.B. HEDRICK AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSONS ARE DECEASED are Defendants. The said petition, filed on the  28th day Oct. 2011, discloses that the nature of said suit is as follows:
This suit is brought to have a receiver appointed under the provisions of Sections 64.091  of the Texas Civil Practice and Remedies Code for undivided mineral interests owned by the Defendants in the following described lands in Franklin County, Texas, to-wit:

Tract One:  24.5 acres of land, more or less, out of the Noah Smith Survey, A-473, Franklin County, Texas, being more particularly described as Tract Seven allocated to W. W. Smith in the partition of the Estate of Noah Smith as depicted on the plat attached to that certain Affidavit dated September 12, 1932, sworn to by W.W. Smith, recorded at Volume 50, Page 367 of the Deed Records of Franklin County, Texas.
Tract Two:  26.0 acres of land, more or less, out of the John Tirey Survey, A-701, Franklin County, Texas, being more particularly described as Tract One in that certain Oil, Gas and Mineral Lease dated July 12, 1980, from D.L. Parker to B.R. Cullen, recorded at Volume 128, Page 501 of the Contract and Lien Records of Franklin County, Texas.
Tract Three: 84.6 acres of land, more or less in the William F. Dyer Survey, A-138, and being the same land described in that certain Ratification of Lease Description dated June 3, 1933, from J.T. Sanders et ux, Emma Sanders to Humble Oil & Refining Company, recorded in Volume 18, Page 92 of the Contract and Lien Records of Franklin County, Texas.
Tract Four:  127.67 acres, more or less, out of the M.E.P. & P.R.R. Co. Survey, A-344, Franklin County, Texas and being more particularly described in that certain Mineral Deed dated April 30, 1936, from R.T. Sheldon et ux, Bessie Sheldon, to Lawrence S. Flannery, Inc. and recorded in Volume 24, Page 224 of the Contract and Lien Records of Franklin County, Texas.
and to execute Oil, Gas and Mineral Leases thereof to the Plaintiff, and take such other action deemed necessary under the provisions of said statute.

If this citation is not served within ninety (90) days after date of its issuance, it shall be returned unserved.

ISSUED AND GIVEN UNDER MY HAND AND SEAL OF SAID COURT on this the 1st day of  November, 2011, at Mt. Vernon , Franklin County, Texas.

CLERK OF THE DISTRICT COURT
FRANKLIN COUNTY, TEXAS
By: LuAlice Butler
Deputy