SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

NICHOLAS ROSA, et al.,

Plaintiffs

Case No. 2024-CAB-2765

v.

Judge Neal E. Kravitz

UNKNOWN PERSONAL

REPRESENTATIVE OF THE ESTATE

OF WILLIE B. LEE, et al.,

Defendants

ORDER GRANTING PLAINTIFFS’ MOTION

TO SERVE UNKNOWN HEIRS BY PUBLICATION

The plaintiffs in this action to quiet title have filed a motion for leave to effect service of process by publication on unknown heirs of Willie B. Lee and other named defendants. The plaintiffs contend that service by publication is proper under D.C. Code § 13-341 because the efforts of their counsel to identify potential heirs of Mr. Lee’s deceased son Eric A. Lee have been unsuccessful. The plaintiffs append an affidavit detailing the efforts made by their counsel’s paralegal to identify Mr. Eric Lee’s heirs.

D.C. Code § 13-341(b) provides that “[w]hen a person who would have been a proper party to a judicial proceeding is dead, and it is unknown whether he died testate or left heirs, or his heirs and devisees are unknown, the unknown persons may be described as the heirs or devisees of the person who, if living, would be the proper party. Notice shall be given by publication to them according to that description, and the same proceedings shall be had against them as are had against nonresident defendants.” Section 13-336, in turn, authorizes service of process by publication on nonresident defendants in certain situations, as well as “[a]gainst the unknown heirs or devisees of deceased persons.” D.C. Code § 13-336(a)(3).

The court is satisfied that the existence and/or identities of additional heirs with an interest in the real property at issue remains unknown after diligent efforts by the plaintiffs, thus meeting the requirements of D.C. Code § 13-341(b). The court will therefore allow the plaintiffs to serve any unknown heirs in accordance with the relevant provisions of the Code.

Accordingly, it is this 29th day of August 2024

ORDERED that the plaintiff’s motion for leave to serve unknown heirs of Willie B. Lee and other named defendants by publication is granted as set forth below. It is further

ORDERED that the plaintiff shall serve notice on “Unknown Personal Representative of the Estate of Willie B. Lee; Unknown Personal Representative of the Estate of Ruby B. Lee; Unknown Heirs and Legatees of Ruby B. Lee; Unknown Heirs and Legatees of Wilhelmina O. Stone; Unknown Personal Representative of the Estate of Eric A. Lee; Unknown Heirs and Legatees of Eric A. Lee; and any and all unknown heirs, owners, legatees, assignees, successors, and any persons claiming any interest or right in and to the improved real property known as 4430 Kansas Avenue, NW, Washington, DC 20016” by publishing at least twice a month for not less than three months in a newspaper of public record in the District of Columbia a notice directed at the unknown heirs as described above, stating the nature of the action, and requiring any interested party to appear on or before December 6, 2024. It is further

ORDERED that the remote status hearing currently set for November 15, 2024 is continued to December 20, 2024 at 10:30 a.m.

/s/ Neal E. Kravitz

Associate Judge

(Signed in Chambers)

Copies to:

Brian S. Burkett, Esq.

Michael N. Russo, Jr., Esq.

Rebecca K. Schisler-Adams, Esq.

Charlotte L Brown

7004 Bendbough Court

Columbia, MD 21045

Meriam Ruppert

15424 Norwalk Court

Bowie, MD 20716

Jacqueline Isaac

2408 Kaywood Lane

Silver Spring, MD 20905

Bernadette Lee

15424 Norwalk Court

Bowie, MD 20716

Run Dates: October 9, 16, November 6, 13, December 2, and 3, 2024 AD#87640