PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, JUNE 26, JULY 3, 10, 17, 24 & 31, 2012.
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA, on behalf of the Rural Housing Service,
DWALA D. MCKAY, et al., )
CASE NO. 11-CV-604-JHP-PJC
ORDER AND NOTICE FOR SERVICE BY PUBLICATION
This matter comes on for consideration upon the Motion (Dkt. #10) of the Plaintiff,
United States of America, acting on behalf of the Rural Housing Service, by Thomas Scott Woodward, United States Attorney for the Northern District of Oklahoma, through Phil Pinnell, Assistant United States Attorney, for service by publication upon the Defendant, Dwala D. McKay aka Dwala McKay aka Dwala D. Randolph aka Dwala D. Berry.
The Court finds, based upon sufficient evidence, that the Defendant’s whereabouts are unknown to the Plaintiff and after diligent effort cannot be ascertained; and that with due diligence service cannot be made upon the Defendant by any other method; and
It appearing that this is an action for foreclosure of a mortgage upon the following described property:
Lot Two (2) in Block Three (3) of SHADOW VALLEY SUBDIVISION, an Addition to the City of Catoosa, Rogers County, State of Oklahoma, according to the Recorded Plat thereof.
which property is located within the Northern Judicial District of Oklahoma and that said Defendant claims some right, title, or interest in said property and is a proper and necessary party.
IT IS HEREBY ORDERED that service be obtained upon said Defendant by publication of a copy of this Order and Notice once a week for six consecutive weeks in a newspaper of general circulation in Rogers County, State of Oklahoma.
IT IS FURTHER ORDERED that the above named Defendant shall plead or answer within a time not less than forty-one (41) days from the date of the first publication, or in default thereof this Court shall enter judgment against said Defendant as prayed for in Plaintiff's Complaint.
DATED this 21st day of June, 2012.
s/ James H. Payne
James H. Payne
United States District Judge
Northern District of Oklahoma