(Published in The Norman Transcript July 23, 2016, 1t) IN THE DISTRICT COURT OF CLEVELAND COUNTY STATE OF OKLAHOMA THE STATE OF OKLAHOMA, ex rel. GREG MASHBURN, DISTRICT ATTORNEY FOR THE TWENTY-FIRST PROSECUTORIAL DISTRICT, Petitioner, vs. RUGER 357 MAG. POLICE SERVICE SIX SHOT REVOLVER SERIAL #151-39593, TAURUS PT 40 MILLENNIOUM GS 40 CAL SEMI AUTO HANDGUN SERIAL #SIW75522, SEIZED FROM COREY PAUL SARDUY, KRISTIAN ERICK LUDWIG, and KYLER ELIZABETH HANDY, Respondents. Case No. CV-2016-624 TB MOTION TO SERVE BY PUBLICATION AS TO KRISTIAN ERICK LUDWIG COMES NOW, the Movant/Petitioner and respectfully requests this Court approve entry of an Order Authorizing service of process by publication pursuant to 12 O.S. §2004. In support Petitioner would show the Court as follows: 1. Respondent, Kristian Erick Ludwig, was involved in a search that occurred on or about February 24, 2016. During the search some weapons were located in the residence. Service by publication should be authorized as the Respondent, Kristian Erick Ludwig has left the State of Oklahoma, has left no legitimate address, provided no information regarding the identity of persons who might have a legitimate claim to the weapons, and no material facts are at issue in the matter currently exist indicating that the weapons came from any legitimate means and is presumed to be forfeitable. 2. Service by publication should be authorized as the Respondent, Kristian Erick Ludwig cannot be located, left no legitimate address, and provided no information regarding the identity of persons who might have a legitimate claim to the weapons, and no material facts are at issue in the matter currently exist indicating that the weapons came from any legitimate means is presumed to be forfeitable. 3. This Court can authorize notice by publication as such method of service is provided for in 12 O.S. §2004. Personal service cannot be accomplished as no last address can be provided or the true identities of Respondent, Kristian Erick Ludwig are not known; service by mail cannot be accomplished as no address is known or identities verified. Law enforcement has been unable to determine any credible information regarding Respondent, Kristian Erick Ludwig or his whereabouts. 4. That with due diligence service of notice cannot be made upon the above named Respondent, Kristian Erick Ludwig by any other method. WHEREFORE, premised considered, Petitioner respectfully requests that the Court approve service of Notice by publication as there are not material facts in dispute and for such further relief as the Court finds just and equitable. Respectfully submitted, s/ Heather R. Darby Heather R. Darby, OBA #31360 Assistant District Attorney 201 S. Jones, Suite 300 Norman, Oklahoma 73069 Telephone (405) 321-8268 Fax (405) 360-7840
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