Public Notice PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, SEPTEMBER 25, OCTOBER 2 & 9, 2015. IN THE DISTRICT COURT IN AND FOR ROGERS COUNTY STATE OF OKLAHOMA IN RE THE MARRIAGE OF: TONYA L. SPIES, Petitioner and DWANE P. SPIES, Respondent. Case No. FD-2009-270 NOTICE OF POST-DECREE PROCEEDINGS TO: Tonya L. Spies Please take notice that a post-decree proceeding has been initiated by the undersigned party as more fully set forth in the contemporaneously filed Motion and/or Application, a copy of which is provided herewith. Pursuant to Rule 4(e) of the Rules for the District Courts of Oklahoma, you have fifteen (15) days after service of this Motion and/or Application upon you, exclusive of the day of service, to file a written response with: Rogers County District Court Clerk 200 S. Lynn Riggs Blvd. Claremore, Oklahoma 74017 N. Scott Johnson & Associates, P.L.L.C. 302 East 10th Street Tulsa, Oklahoma 74120 or the Motion and/or Application may be deemed confessed and judgment rendered against you for all relief requested therein, together with costs of the action and attorney fees. Dated this 8th day of July, 2015. s/ Patrick H. McCord Patrick H. McCord, OBA #21747 N. Scott Johnson & Associates, P.L.L.C. 302 East 10th Street Tulsa, Oklahoma 74120 Telephone: (918) 794-3333 Facsimile: (918) 794-3336 Attorney for Petitioner IN THE DISTRICT COURT IN AND FOR ROGERS COUNTY STATE OF OKLAHOMA IN RE THE MARRIAGE OF: TONYA L. SPIES, Petitioner and DWANE P. SPIES, Respondent. Case No. FD-2009-270 MOTION TO ENFORCE DECREE OF DISSOLUTION OF MARRIAGE AND REQUEST FOR SERVICE BY PUBLICATION COMES NOW, the Respondent, Dwane P. Spies, by and through his attorneys of record, N. Scott Johnson and Patrick H. McCord of N. SCOTT JOHNSON & ASSOCIATES, P.L.L.C., and hereby moves the Court to enforce the terms of the Decree of Dissolution of Marriage, filed June 30, 2010, as it relates to a certain parcel of real property. In support thereof, Respondent hereby alleges and states as follows: I. That the parties hereto were divorced by way of Decree of Dissolution of Marriage, entered March 17, 2010 and filed on June 30, 2010. In pertinent part, said Decree provides that the parties' real property, located at 30114 S. 4195 Rd., Inola, Oklahoma, was to be listed for sale with an agreed upon realtor at an agreed upon price within thirty (30) days. After payment of $42,000.00 to a third-party creditor, the proceeds therefrom were to be split. Meanwhile, Respondent was made solely responsible for the mortgage and related debt on the real property. II. Dating back to the initial proceedings, Petitioner has engaged in serious parental alienation. This behavior evolved into the Petitioner's flight from Oklahoma so as to prevent Respondent from having any contact whatsoever with the children. As a consequence of Petitioner's behavior, Respondent is unable to complete the sale of the real property. Without an Order from this Court directing the property to be sold without Petitioner's consent or input, or an Order directing the sale to proceed via Sheriff's Sale, Respondent fears that he will be forced to maintain the mortgage and indebtedness on the real property in perpetuity. III. During the last round of post-decree Motions, Respondent attempted to personally ascertain Petitioner's whereabouts and employed a private investigator to locate Petitioner. Each of these efforts failed and the Court permitted Respondent to serve Petitioner via publication. Since that time, Respondent has gone to additional lengths to locate Petitioner and his children, but to no avail. Each time Respondent learns of an address for Petitioner, she moves from said address in an effort to continue her pattern of parental alienation. Inasmuch as Respondent is unable to locate Petitioner, Respondent requests leave to serve Petitioner via publication pursuant to 12 O.S. § 2004(C)(3). IV. That this Motion is necessitated by Petitioner's inability to participate and cooperate in the sale of the real property per the Decree. Respondent should be awarded judgment against the Petitioner for his attorney fees and costs incurred herein. WHEREFORE, premises considered, prays for an Order directing and empowering the Respondent to complete the sale of the marital residence without participation by Petitioner; alternatively, for an Order directing the real property in question to be sold via Sheriff's Sale; for and Order authorizing service via publication; for an Order awarding him judgment against the Petitioner for his attorney fees and costs incurred herein; for all other relief requested herein; and for all further relief the Court deems just and equitable based upon the facts and circumstances presented. s/N. Scott Johnson N. Scott Johnson, OBA #15268 Patrick H. McCord, OBA #21747 N. SCOTT JOHNSON & ASSOCIATES, P.L.L.C. 302 East 10th Street Tulsa, Oklahoma 74120 Telephone: (918) 794-3333 Facsimile: (918) 794-3336 Attorneys for Respondent VERIFICATION STATE OF ) COUNTY OF ) I, Dwane P. Spies, of lawful age and sound mind, and being first duly sworn upon oath, state that I am the Respondent above-named, that I have read the foregoing instrument and that all statements contained therein are true and correct to the best of my knowledge and belief. s/Dwane P. Spies 6-20-15 Dwane P. Spies Subscribed and sworn to before me on this ____ day of _________, 20____. My Commission Expires: ____________________ Notary Public (please see attached CA all-purpose Jurat) IN THE DISTRICT COURT IN AND FOR ROGERS COUNTY STATE OF OKLAHOMA IN RE THE MARRIAGE OF: TONYA L. SPIES, Petitioner and DWANE P. SPIES, Respondent. Case No. FD-2009-270 ORDER SETTING HEARING NOW on this 21 day of September, 2015, this matter comes before me upon the Respondent's Motion to Enforce Decree of Dissolution of Marriage and Request for Service by Publication. The Court finds that said Motion should be set for hearing. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by this Court that this matter is set for hearing on the 26th day of October, 2015 at 1:30 o'clock p.m. in Courtroom VII of the Rogers County Courthouse, located at 200 S. Lynn Riggs Blvd., Claremore, OK 74017. FAILURE TO APPEAR AT THE ABOVE-STATED TIME AND PLACE MAY RESULT IN A DEFAULT JUDGMENT BEING RENDERED AGAINST YOU FOR ALL RELIEF REQUESTED IN THE REFERENCED MOTION OR APPLICATION. s/ David Smith 09-21-2015 JUDGE OF THE DISTRICT COURT Prepared by: Patrick H. McCord, OBA #21747 N. SCOTT JOHNSON & ASSOCIATES, P.L.L.C. 302 East 10th Street Tulsa, OK 74120 Telephone:(918) 794-3333 Facsimile:(918) 794-3336 Attorney for Respondent
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