United States of America v. Mathews et al

Filing 14

ORDER granting 13 motion for service by publication on unknown defendants. Signed by Magistrate Judge James P. O'Hara on 2/7/2018. (amh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

UNITED STATES OF AMERICA,
Plaintiff,
v.

Civil No. 17-4106-DDC-JPO

DEBRA MATHEWS, a/k/a DEBBIE A.
MATHEWS, JACOB ALMON ROBINSON,
RAYMON GLENN ROBINSON, MARI JEAN
MITCHEK, AND KANSAS HOUSING
RESOURCES CORPORATION, and The
Unknown Heirs, Executors, Administrators,
Devisees, Trustees, Legatees, Creditors, and
Assignees of such of the deceased borrower, Marvin
Lee Robinson, and Defendants the Unknown
Spouses of the Deceased Borrower and other
Defendants; the Unknown Stockholders, Officers,
Successors, Trustees, Creditors and Assignees of
such Defendants as are existing, dissolved or
dormant corporations; the Unknown Executors,
Administrators, Devisees, Trustees, Creditors,
Successors and Assignees of such Defendants as are
or were partners or in partnership; and the Unknown
Guardians, Conservators and Trustees of such of the
Defendants as are minors or are in any way under
legal disability; and the Unknown Heirs, Executors,
Administrators, Devisees, Legatees, Trustees,
Creditors and Assignees of any Person alleged to be
deceased and made Defendants as such,
Defendants.

ORDER ALLOWING SERVICE BY PUBLICATION ON THE UNKNOWN DEFENDANTS
This matter is before the court for decision on the motion of plaintiff, United States of
America, for an order authorizing service by publication on the unknown defendants (ECF No.
13).
The Court, upon review of the record, finds as follows:
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O:\ORDERS\17-4106-DDC-13.docx

1.

This is a suit by the United States, on behalf of the Rural Housing Service, United

States Department of Agriculture, to foreclose a real estate mortgage lien on certain real property
commonly known as 818 Kansas Street, Goodland, Sherman County, Kansas, within the
jurisdiction of this Court, specifically described as follows:
Lots Thirty-eight (38), Thirty-nine (39), Forty (40), Forty-one (41)
and Forty-two (42), Block One (1), First Addition to the City of
Goodland, Kansas, according to the recorded plat thereof.
2.

The Complaint was filed on November 7, 2017 (ECF No. 1). The Complaint

seeks foreclosure of real estate mortgages executed by Marvin Lee Robinson (deceased
borrower) and Defendant Debra Mathews, a/k/a Debbie A. Mathews, the record owners of the
subject real estate.
3.

Personal service cannot be accomplished on the Unknown Defendants because

they are unknown and, as a consequence, their addresses for purposes of service of process are
unknown.
4.

Defendants Debra Mathews a/k/a Debbie A. Mathews, Jacob Almon Robinson,

Raymon Glenn Robinson, Mari Jean Mitchek and Kanas Housing Resources Corporation have
previously waived service of summons.
5.

Service by publication on the Unknown Defendants is authorized by K.S.A. § 60-

307(a)(5).
6.

Pursuant to K.S.A. § 60-307(c), the United States submitted an Affidavit for

Service by Publication.
FOR GOOD CAUSE SHOWN, IT IS ORDERED that the Unknown Defendants shall
appear or plead in this action on or before April 3, 2018, a date not less than forty-one (41) days
after the date the notice is first published. If a defendant does not appear or plead by that date,
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the court will find that the Complaint and all other pleadings are true, and judgment, the nature
of which shall be stated, will be rendered accordingly.
IT IS FURTHER ORDERED that notice of this Order shall be published not less than
once each week for six (6) consecutive weeks in a newspaper having general circulation in
Sherman County, Kansas.
IT IS SO ORDERED this 7th day of February, 2018.

s/ James P. O’Hara
JAMES P. O’HARA
United States Magistrate Judge

Submitted by:
STEPHEN R. MCALLISTER
United States Attorney
District of Kansas
s/ D. Brad Bailey
D. BRAD BAILEY
Assistant United States Attorney
Ks. S.Ct. No. 11345
290 Federal Bldg.
444 SE Quincy Street
Topeka, Kansas 66683
PH: [phone]
FX: [phone]
Email: [e-mail]
Attorneys for Plaintiff

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