Paula Fitzgerald v. Heather Maree Fitzgerald

IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA PAULA FITZGERALD, Plaintiff, v. HEATHER MAREE FITZGERALD and JAMES M. FITZGERALD JR., Defendants. AMENDED PETITION FOR EJECTMENT THE PLAINTIFF, Paula Fitzgerald, brings this action for ejectment to recover possession of a single-family home to which she possesses clear title, for damages for rent arrears arising from Defendants’ holdover possession, and for declaratory judgment curing any defect in title caused by or related to Defendants’ improper claims of title. In support, Plaintiff states as follows: I. PROCEDURAL POSTURE OF THE CASE 1. Plaintiff originally filed this matter as an action for Forcible Entry and Detainer in Case No. SC-2026-529. 2. At the hearing on the petition for forcible entry and detainer held on April 13, 2026, Defendant Heather Fitzgerald appeared with counsel and asserted claims of ownership to the subject premises. The Court ruled that pursuant to 12 O.S. § 1148.6(A), this case should be transferred to the district court to proceed as one for ejectment, since Special Judges cannot hear actions in ejectment. White v. Rakestraw, 1977 OK 76. 3. Accordingly, the Plaintiff brings this Petition for Ejectment against all known adult occupants of the below-described premises. II. THE PARTIES & THE REAL ESTATE 4. Plaintiff Paula Fitzgerald is the sole owner in fee simple title to the following described property, to wit: Part of the Northeast Quarter (NE/4) of Section Eight(8), Township Ten (10) North, Range Five (5) West of the Indian Meridian, Canadian County, Oklahoma, more particularly described as follows: Commencing at the Northeast corner of said NE/4; Then N89°59'59"W along the North linen of said NE/4 for a distance of 1543.02 feet; Then S2°41'15"W a distance of 770.39 feet to the Point of Beginning; Then N85°12'54"E a distance of 735.40 feet; Then S4°47'06"Ea distance of 282.32 feet; Then along a curve to the right having a radius of 970.00 feet and a chord bearing of S3°59'30"E and a chord distance of 26.86 feet for an Arc distance of 26.86 feet; Thence S86°48'06"W a distance of 773.64 feet; Thence N7°00'28"E a distance of 7.58 feet; Thence N2°41'15"E a distance of 282.74 feet to the Point of Beginning. Also known as Tract 24 Belmont Creek, an unrecorded plat. Street address: 10701 Secretariat Drive, Mustang, OK 73064, hereinafter described as the "Subject Premises." 5. Plaintiff Paula Fitzgerald acquired title to the Subject Premises by Warranty Deed from Gary Owens Construction LLC ("Grantor") on October 19, 2017, recorded in Book 4651, Page 56-57 with the Canadian County Clerk. See Exhibit "1." 6. Defendant James Michael Fitzgerald, Jr. the Plaintiff's son. 7. Defendant Heather Fitzgerald is married to Defendant J. M. Fitzgerald, Jr. 8. Defendant Heather Fitzgerald is currently, or was recently, an occupant of the Subject Premises. III. FACTUAL ALLEGATIONS 9. Plaintiff purchased the Subject Premises from the Grantor on October 19, 2017, for the purchase price of $625,000.00. 10. Plaintiff purchased the Subject Premises fully furnished. 11. The furniture was included because the home was previously owned by Gary Owens Construction LLC. Gary Owens, individually, is the principal owner of Galleria Furniture Gallery, and he had used the Subject Premises as a “show home” to display his furniture. 12. After purchasing the Subject Premises, Plaintiff allowed her son, Michael, and his wife, Heather, to move in as permissive occupants. 13. Defendants did not contribute any funds toward the purchase of the Subject Premises. 14. Plaintiff also allowed the Defendants’ children (Plaintiff’s grandchildren) to move in to the Subject Premises as well. Plaintiff has continued to grant permission to the adult grandchildren to reside on the Subject Premises. 15. Thereafter, Plaintiff caused to be constructed a 4,000 square foot metal building (the “workshop”) on the Subject Premises that was a separate structure from the primary dwelling. Plaintiff had an apartment dwelling built inside the workshop. 16. Defendants have never entered into a contract to purchase the Subject Premises from Plaintiff. 17. Plaintiff has never assented to any contract to purchase the Subject Premises. 18. Plaintiff has never conveyed any interest in title to the Subject Premises to either of the Defendants. 19. Defendants have occupied the Subject Premises with the consent of Plaintiff as tenants-at-will. 20. On March 11, 2026, Plaintiff served a 30-day notice to vacate the Subject Premises, in accordance with 41 O.S. § 111(A) to the Defendants in this proceeding. See Exhibit “2,” Proof of Service Affidavit. IV. LEGAL BASIS FOR PLAINTIFF’S PETITION 21. Defendants are not owners of, and have no interest in, and lack any credible claim to title in the Subject Premises. Accordingly, Plaintiff is permitted to serve a notice to terminate the tenancy of any occupants pursuant to 41 O.S. § 111(A), which provides: Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, when the tenancy is month-to-month or tenancy at will, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other at least thirty (30) days before the date upon which the termination is to become effective. The thirty-day period to terminate shall begin to run from the date notice to terminate is served as provided in subsection E of this section. Title 41, Okla Stat., § 111(A). 22. Section E of 111 prescribes how the Notice to Vacate is to be served: The written notice, required by the Oklahoma Residential Landlord and Tenant Act, to terminate any tenancy shall be served on the tenant or landlord personally unless otherwise specified by law. If the tenant cannot be located, service shall be made by delivering the notice to any family member of such tenant over the age of twelve (12) years residing with the tenant. If service cannot be made on the tenant personally or on such family member, notice shall be posted at a conspicuous place on the dwelling unit of the tenant. If the notice is posted, a copy of such notice shall be mailed to the tenant by certified mail or by mailing such notice through the Firm Mailing Book for Accountable Mail as provided by the United States Post Office. Title 41, Okla Stat., § 111(E) (emphasis added). 23. Plaintiff served her 30-Day Notice to Vacate in accordance with 41 O.S. § 111(A) and (E) by posting to the front door to on March 11, 2026, via licensed process server. The process server also posted the notice and sent the same for delivery by certified mail. See Ex. 2, Proof of Service Affidavit. 24. The Defendants have had notice of Plaintiff's intent to terminate the tenancies herein and reclaim possession of the Subject Premises. 25. Upon information and belief, Defendant James Michael Fitzgerald, Jr. vacated the premises prior to the expiration of the 30-day notice period. 26. Defendant Heather Fitzgerald refused to vacate the premises. 27. On April 6, 2026, Plaintiff served a Summons and Petition for Forcible Entry and Detainer on Defendants by posting the same to a conspicuous place on the property as well as sending a copy by certified mail. See Exhibit “3,” Proof of Service Affidavit. 28. Defendant Heather Fitzgerald filed a pleading in Case No. SC-2026-529 claiming that the Defendants an oral agreement with Plaintiff to take title to the Subject Premises, but that claim is not true. 29. Defendant Heather Fitzgerald made another claim that essentially amounts to quantum merit for services rendered, that is unrelated to title. 30. The Defendants do not own the Subject Premises and never contributed to the purchase of the Subject Premises. FIRST CAUSE OF ACTION: EJECTMENT 31. The Plaintiff is the lawful owner of the Subject Premises. 32. The Defendants are occupants without any claim to title. 33. The Plaintiff served the requisite notice to terminate the tenancy-at-will of the Defendant pursuant to 41 O.S. § 111(A). 34. Accordingly, Plaintiff is entitled to ejectment of the Defendants and for judgment possession of the Subject Premises pursuant to Warren v. Stansbury, 199 Okla. 683, 684 (Okla. 1948). SECOND CAUSE OF ACTION: DAMAGES FOR RENT ARREARS 35. Defendant Heather Fitzgerald has not paid any rent since holding over possession after the expiration of the 30-day notice period that began on April 11, 2026. 36. Plaintiff seeks damages for rent due and accruing since April 11, 2026, in an amount equal to the fair market rent for the Subject Premises. V. PRAYER FOR RELIEF WHEREFORE, these premises considered, Plaintiff requests this Court enter the following relief: 1. Judgment awarding possession and control of the Subject Premises to the Plaintiff, Paula Fitzgerald, for which let writ of execution issue, and for costs of this action and her attorney’s fees pursuant to 41 O.S. § 105. 2. Judgment quieting title in the name of the Plaintiff, Paula Fitzgerald. 3. Judgment for Plaintiff for fair market rent accruing from Defendants’ holdover possession and occupation of the Subject Premises. Respectfully submitted, Travis C. Smith, OBA # 22716 TCS LAW FIRM PLLC 1715 Wheeler Street, Suite 200 Oklahoma City, OK 73108 Phone: (405) 607-7799 Email: [email protected] ATTORNEY FOR PLAINTIFF PAULA FITZGERALD CERTIFICATE OF SERVICE This is to certify that on this 14th day of April, 2026, we sent a true and correct copy of the foregoing Amended Petition for Ejectment, via Federal Express, to the following: Charles Broadway 3825 NW 23rd Street, Suite B Oklahoma City, OK 73107 Attorney for Defendant Heather Fitzgerald Scott T. Banks SWAIN LAW GROUP 217 E. Main Street Norman, OK 73069 Attorney for Defendant James Michael Fitzgerald, Jr. Travis C. Smith EXHIBIT "1" Re: First American Title 108 N. Rock Island Avenue El Reno, OK 73036 Return To: Paula Fitzgerald 10701 Secretariat Mustang, OK 73064 WARRANTY DEED (OKLAHOMA STATUTORY FORM) File No.: 2279757-WA42 (TJA) Doc Stamps: $937.50 That Gary Owens Construction, LLC, an Oklahoma limited liability company party(ies) of the first part, in consideration of the sum of TEN & NO/100--------Dollars and other valuable considerations, in hand paid, the receipt of which is hereby acknowledged, do(es) hereby, grant, bargain, sell and convey unto Paula Fitzgerald, (the "Grantee"), the following described real property and premises situated in Canadian County, State of Oklahoma, to wit: Part of the Northeast Quarter (NE/4) of Section Eight (8), Township Ten (10) North, Range Five (5) West of the Indian Meridian, Canadian County, Oklahoma, more particularly described as follows: Commencing at the Northeast corner of said NE/4; Thence N89°59'59"W along the North line of said NE/4 for a distance of 1543.02 feet; Thence S2°41'15"W a distance of 770.39 feet to the Point of Beginning; Thence N85°12'54"E a distance of 735.40 feet; Thence S4°47'06"E a distance of 282.32 feet; Thence along a curve to the right having a radius of 970.00 feet and a chord bearing of S3°59'30"E and a chord distance of 26.86 feet for an Arc distance of 26.86 feet; Thence S86°48'06"W a distance of 773.64 feet; Thence N7°00'28"E a distance of 7.58 feet; Thence N2°41'15"E a distance of 282.74 feet to the Point of Beginning. Also known as Tract 24 Belmont Creek, an unrecorded plat. Grantor hereby reserves all oil, gas, and other minerals and all rights pertaining thereto, in and under the above-described property, not previously reserved or conveyed of record. Together with all the improvements thereon and the appurtenances thereunto belonging, and warrant the title to the same, LESS AND EXCEPT all of the oil, gas, and other minerals in and under the above-described property, which have heretofore been reserved or conveyed of record or which are reserved by the Grantor(s). It is the intention of the Grantor(s) to convey to the Grantee(s) the surface and surface rights only in and to the above-described real property, and SUBJECT TO easements, rights of way, restrictive covenants of record. Property Address: 10701 Secretariat, Mustang, OK 73064 TO HAVE AND TO HOLD said described premises unto the Grantee, and to the heirs, successors and assigns, forever, free, clear and discharged of and from all former grants, charges, taxes, judgments, mortgages and other liens and encumbrances of whatsoever nature. Signed and delivered this October 19, 2017. Gary Owens Construction, LLC, an Oklahoma limited liability company By: ____________________________ Name: Gary Owens Title: Manager STATE OF OKLAHOMA COUNTY OF CANADIAN ACKNOWLEDGMENT - OKLAHOMA FORM } SS. This instrument was acknowledged before me on October 19, 2017, by Gary Owens as Manager of Gary Owens Construction, LLC an Oklahoma limited liability company. TRACY J. ANDERSON Notary Public State of Oklahoma Commission #01002174 Expires 02/06/21 NOTARY PUBLIC Tracy J. Anderson My Commission Expires: 2/6/2021 Mail Tax Statements To: EXHIBIT "2" PROOF OF SERVICE AFFIDAVIT <table> <tr> <th>Case:</th> <th>Court:</th> <th>County:</th> <th>Job:</th> </tr> <tr> <td>EV26019 - 30-Day Notice</td> <td>Oklahoma County District Court</td> <td>Oklahoma, OK</td> <td>15403843 (EV26019 - 30-Day Notice)</td> </tr> <tr> <th>Plaintiff / Petitioner:</th> <th>Defendant / Respondent:</th> <th></th> <th></th> </tr> <tr> <td>Paula Fitzgerald</td> <td>Heather Maree Fitzgerald, James Michael Fitzgerald, Jr.</td> <td></td> <td></td> </tr> <tr> <th>Received by:</th> <th>For:</th> <th></th> <th></th> </tr> <tr> <td>Shephard Process Service LLC</td> <td>TCS Law Firm</td> <td></td> <td></td> </tr> <tr> <th>To be served upon:</th> <th></th> <th></th> <th></th> </tr> <tr> <td colspan="4">Heather Maree Fitzgerald, James Michael Fitzgerald, Jr.</td> </tr> </table> I, Michael Shephard, being duly sworn, depose and say: I am over the age of 18 years and not a party to this action, and that within the boundaries of the state where service was effected, I was authorized by law to make service of the documents and informed said person of the contents herein Recipient Name / Address: Heather Maree Fitzgerald, James Michael Fitzgerald, Jr., Home: 10701 Secretariat Drive, Mustang, OK 73064 Manner of Service: Posted, March 11, 2026, 1:27 pm CDT Documents: 30-Day Notice to Vacate (Received March 10, 2026 at 6:03pm CDT) Additional Comments: 1) Successful Attempt: March 11, 2026, 1:27 pm CDT at Home: 10701 Secretariat Drive, Mustang, OK 73064 No answer after knocking and or ringing the video doorbell. There were vehicles parked in front of the shop located behind the house. The service documents were posted in a conspicuous place on the property of the within-named person's residence. Michael Shephard PSS-2023-21 Cleveland County OK Shephard Process Service LLC 10117 Casa Linda Oklahoma City, OK 73139 (405) 812-1036 March 11, 2026 Date Subscribed and sworn to before me by the affiant who is personally known to me. Notary Public March 11, 2026 March 24, 2026 Date ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) TCS Law Firm Travis C Smith 511 Couch Dr Suite 300 Oklahoma City, OK 73102 TELEPHONE NO: (405) 724-8112 FAX NO (Optional): E-MAIL ADDRESS (Optional): [email protected] ATTORNEY FOR (Name): FOR COURT USE ONLY Oklahoma County District Court, COUNTY OF Oklahoma STREET ADDRESS: 320 Robert S Kerr Ave STREET ADDRESS: Room 409 CITY, STATE, ZIP: Oklahoma City, 73102 PLAINTIFF / PETITIONER: Paula Fitzgerald DEFENDANT / RESPONDENT: Heather Maree Fitzgerald, James Michael Fitzgerald, Jr. CASE NUMBER: EV26019 - 30-Day Notice Ref. No. or File No.: EV26019 - 30-Day Notice DECLARATION OF MAILING 1. I, Michael Shephard, am at least 18 years of age and not a party to this action. 2. Documents mailed: 30-Day Notice to Vacate 3. A true copy of the documents were sealed in an envelope and placed in the United States mail with First Class postage prepaid as follows: Date: March 10, 2026 Location: U.S. Post Office 9201 South Pennsylvania Avenue Oklahoma City OK 73159. Addressed: Heather Maree Fitzgerald, James Michael Fitzgerald, Jr., 10701 Secretariat Drive, Mustang, OK 73064 4. Person performing mailing: Name: Michael Shephard Firm: Shephard Process Service LLC Address: 10117 Casa Linda, Oklahoma City, OK 73139 Telephone: (405) 812-1036 5. I declare under penalty of perjury under the laws of the state of Oklahoma that the foregoing is true and correct. Date: March 10, 2026 __________________________________________ Michael Shephard (PRINTED NAME) __________________________________________ Michael Shephard (SIGNATURE) Electronic Delivery Confirmation™ USPS CERTIFIED MAIL™ Shephards Process Service L.L.C. 10117 CASALINDA OKLAHOMA CITY OK 73139-5414 $8.86 US POSTAGE FIRST-CLASS MAIL Mar 10 2026 Mailed from ZIP 73139 1 OZ FIRST-CLASS MAIL LETTER RATE ZONE 1 11923275 USPS CERTIFIED MAIL Heather Maree Fitzgerald James Michael Fitzgerald Jr 10701 SECRETARIAT DR MUSTANG OK 73064-6438 9414 8118 9876 5431 8945 74 Reference: EV26019 - 30-Day Notice USPS #: 9414811898765431894574 USPS Mail Class: Certified with Return Receipt (Signature) USPS Status: Your item was delivered to an individual at the address at 9:12 am on March 13, 2026 in MUSTANG, OK 73064. USPS History: Delivered, Left with Individual, MUSTANG, OK 73064, March 13, 2026, 9:12 am Arrived at USPS Facility, OKLAHOMA CITY OK DISTRIBUTION CENTER, March 11, 2026, 7:47 pm Departed Post Office, OKLAHOMA CITY, OK 73139, March 11, 2026, 6:35 pm USPS picked up item, OKLAHOMA CITY, OK 73139, March 11, 2026, 1:06 pm Shipping Label Created, OKLAHOMA CITY, OK 73139, March 10, 2026, 9:57 pm March 13, 2026 Dear Reference EV26019 30 Day Notice: The following is in response to your request for proof of delivery on your item with the tracking number: 9414 8118 9876 5431 8945 74. Item Details Status: Delivered, Left with Individual Status Date / Time: March 13, 2026, 9:12 am Location: MUSTANG, OK 73064 Postal Product: First-Class Mail® Extra Services: Certified Mail™ Return Receipt Electronic Recipient Name: James Michael Fitzgerald Jr Heather Maree Fitzge Recipient Signature Signature of Recipient: Address of Recipient: 10701 SECRETARIAT DR, MUSTANG, OK 73064 Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file. Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811. Sincerely, United States Postal Service® 475 L'Enfant Plaza SW Washington, D.C. 20260-0004 March 10, 2026 Via Private Process Server & Certified Mail Heather Maree Fitzgerald James Michael Fitzgerald, Jr. 10701 Secretariat Drive Mustang, OK 73064 RE: 30-DAY NOTICE TO VACATE Tenant: Heather Maree Fitzgerald James Michael Fitzgerald, Jr. Leased Premises: 10701 Secretariat Drive Mustang, OK 73064 Landlord: Paula Fitzgerald Our file: #EV26019 To Mr. and Mrs. Fitzgerald: Please take notice that your Landlord, Paula Fitzgerald, has chosen not to renew your month-to-month tenancy. This letter shall serve as a legal notice of termination of your tenancy at the above-referenced premises. You are hereby required to vacate the subject premises and turn over possession thereof to your LANDLORD on or before the date thirty (30) days after service of the NOTICE upon you. Failure to timely surrender possession may result in a judgment against you for eviction, possession of the premises, holdover rent, damages, court costs, and attorney fees. Further, you will take notice that none of the furnishings provided by your Landlord may be removed from the premises. If you remove any furnishings, fixtures, appliances, or other personal property provided by or belonging to your Landlord, your Landlord will take action against you in the District Court for damages, costs, and attorney fees. To surrender possession, you may return the keys to the premises to this office. Any correspondence directed toward your Landlord regarding this matter should be sent to this office. Respectfully, Travis C. Smith Attorney for Paula Fitzgerald TCS/dm EXHIBIT "3" IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA PAULA FITZGERALD, Plaintiff, v. HEATHER MAREE FITZGERALD, et al Defendant. FILED DISTRICT COURT CANADIAN COUNTY, OKLAHOMA April 9, 2026 7:32 PM HOLLY EATON, COURT CLERK Case Number SC-2026-529 ORIGINAL PLEASE RETURN CANADIAN COUNTY COURT HOUSE BOX 730 EL RENO, OKLAHOMA Case No. SC-2026-529 COURT SUMMONS - EVICTION LAWSUIT TO: HEATHER MAREE FITZGERALD 10701 Secretariat Drive Mustang, OK, 73064 Your Landlord is asking the Court to evict you! If you do not come to court, the judge may order an eviction immediately. YOUR HEARING IS ON 4/13, 2026, at 1:30 p.m. in Courtroom #3 at the CANADIAN County District Court located at: 301 N. Choctaw Ave, El Reno, OK 73036. YOUR LANDLORD CLAIMS: (check all that apply) ☐ They have asked you to pay past-due rent of $__________________________, unpaid fees of $______________, and $__________________ for damages, but you have not paid. ☐ You violated the lease because: ____________________________________________ ☒ Your lease is over and you have not moved out. ☐ You have caused imminent danger or engaged in criminal activity. To argue against these claims, you must appear in court. If the court issues an eviction judgment against you, the court may order you pay to rent, fees, and legal costs and/or leave the property. Issued this 3 day of April, 2026. PROOF OF SERVICE AFFIDAVIT <table> <tr> <th>Case:</th> <td>SC-2026-529</td> <th>Court:</th> <td>Canadian County District Court</td> <th>County:</th> <td>Canadian, OK</td> <th>Job:</th> <td>15593104 (EVZ6019)</td> </tr> <tr> <th>Plaintiff / Petitioner:</th> <td>PAULA FITZGERALD,</td> <th>Defendant / Respondent:</th> <td>HEATHER MAREE FITZGERALD, et al</td> <th>Received by:</th> <td>Shephard Process Service LLC</td> <th>For:</th> <td>TCS Law Firm</td> </tr> <tr> <th>To be served upon:</th> <td>HEATHER MAREE FITZGERALD</td> </tr> </table> I, Brian Foster, being duly sworn, depose and say: I am over the age of 18 years and not a party to this action, and that within the boundaries of the state where service was effected, I was authorized by law to make service of the documents and informed said person of the contents herein. Recipient Name / Address: Posted, Home: 10701 Secretariat Drive, Mustang, OK 73064 Manner of Service: Posted, April 6, 2026, 2:58 pm CDT Documents: Court Summons - Eviction Lawsuit, Petition for Forcible Entry and Detainer and Entry of Appearance (Received April 3, 2026 at 4:56pm CDT) Additional Comments: 1) Successful Attempt: April 6, 2026, 2:58 pm CDT at Home: 10701 Secretariat Drive, Mustang, OK 73064 No answer after knocking and or ringing the doorbell. There were no vehicles in the driveway. The service documents were posted in a conspicuous place on the property of the within-named person's residence. April 7, 2026 Brian Foster PSS-2026-2 Date Shephard Process Service LLC 10117 Casa Linda Oklahoma City, OK 73139 405-812-1036 Subscribed and sworn to before me by the affiant who is personally known to me Notary Public Date Commission Expires JILLIAN FOSTER NOTARY PUBLIC - STATE OF OKLAHOMA MY COMMISSION EXPIRES JUN. 10, 2027 COMMISSION # 03008833 IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA PAULA FITZGERALD, Plaintiff, v. HEATHER MARIE FITZGERALD, et al Defendant. COURT SUMMONS - EVICTION LAWSUIT TO: HEATHER MARIE FITZGERALD 10701 Secretariat Drive Mustang, OK, 73064 Your Landlord is asking the Court to evict you! If you do not come to court, the judge may order an eviction immediately. YOUR HEARING IS ON 4/13, 2026, at 1:30 p.m. in Courtroom #3 at the CANADIAN County District Court located at: 301 N. Choctaw Ave, El Reno, OK 73036. YOUR LANDLORD CLAIMS: (check all that apply) ☐ They have asked you to pay past-due rent of $__________________________, unpaid fees of $_____________, and $_____________ for damages, but you have not paid. ☐ You violated the lease because: ________________________________ ☐ Your lease is over and you have not moved out. ☐ You have caused imminent danger or engaged in criminal activity. To argue against these claims, you must appear in court. If the court issues an eviction judgment against you, the court may order you pay to rent, fees, and legal costs and/or leave the property. Issued this 2 day of April, 2026. By: HOLLY EATON, COURT CLERK Deputy Court Clerk <table> <tr> <th>ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)</th> <th>FOR COURT USE ONLY</th> </tr> <tr> <td>TCS Law Firm<br>Danielle Macedon<br>511 Couch Dr Suite 300<br>Oklahoma City, OK 73102<br>TELEPHONE NO: (405) 724-8112<br>E-MAIL ADDRESS (Optional): [email protected]<br>ATTORNEY FOR (Name):</td> <td></td> </tr> <tr> <td>Canadian County District Court, COUNTY OF Canadian<br>STREET ADDRESS: 301 North Choctaw Avenue<br>STREET ADDRESS: P.O. Box 730<br>CITY, STATE, ZIP: El Reno, 73036</td> <td></td> </tr> <tr> <td>PLAINTIFF / PETITIONER: PAULA FITZGERALD,<br>DEFENDANT / RESPONDENT: HEATHER MAREE FITZGERALD, et al</td> <td>CASE NUMBER: SC-2026-529<br>Ref. No. or File No.: EV26019</td> </tr> </table> DECLARATION OF MAILING 1. I, Michael Shephard, am at least 18 years of age and not a party to this action. 2. Documents mailed: Court Summons - Eviction Lawsuit, Petition for Forcible Entry and Detainer and Entry of Appearance 3. A true copy of the documents were sealed in an envelope and placed in the United States mail with First Class postage prepaid as follows: Date: April 3, 2026 Location: U.S. Post Office 9201 South Pennsylvania Avenue Oklahoma City OK 73159. Addressed: HEATHER MAREE FITZGERALD, 10701 Secretariat Drive, Mustang, OK 73064 4. Person performing mailing: Name: Michael Shephard Firm: Shephard Process Service LLC Address: 10117 Casa Linda. Oklahoma City, OK 73139 Telephone: (405) 812-1036 5. I declare under penalty of perjury under the laws of the state of Oklahoma that the foregoing is true and correct. Date: April 3, 2026 ______________________________ ________________________________ Michael Shephard Michael Shephard (PRINTED NAME) (SIGNATURE) Electronic Delivery Confirmation™ USPS CERTIFIED MAIL™ Shephards Process Service L.L.C. 10117 CASALINDA OKLAHOMA CITY OK 73139-5414 $8.86 US POSTAGE FIRST-CLASS IMI Apr 04 2026 Mailed from ZIP 73139 1 OZ FIRST-CLASS MAIL LETTER RATE ZONE: 1 1Y923275 USPS CERTIFIED MAIL 9414 8118 9876 5525 1988 54 HEATHER MAREE FITZGERALD 10701 SECRETARIAT DR MUSTANG OK 73064-6438 Reference: HEATHER MAREE FITZGERALD, et al USPS #: 9414811898765525198854 USPS Mail Class: Certified with Return Receipt (Signature) USPS Status: We attempted to deliver your item at 1:55 pm on April 7, 2026 in YUKON, OK 73099 and a notice was left because an authorized recipient was not available. If this item is unclaimed after 16 days then it will be returned to the sender. USPS History: Notice Left (No Authorized Recipient Available), YUKON, OK 73099, April 7, 2026, 1:55 pm Arrived at USPS Facility, OKLAHOMA CITY OK DISTRIBUTION CENTER, April 4, 2026, 7:49 pm USPS picked up item, OKLAHOMA CITY, OK 73139, April 4, 2026, 12:53 pm Shipping Label Created, OKLAHOMA CITY, OK 73139, April 4, 2026, 12:00 pm IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA PAULA FITZGERALD, Plaintiff, v. HEATHER MAREE FITZGERALD JAMES M. FITZGERALD JR., Defendant. PETITION FOR FORCIBLE ENTRY & DETAINER The Plaintiff/Landlord, Paula Fitzgerald, alleges and states as follows: 1. That Plaintiff is the owner of certain premises situated in Oklahoma County and commonly described as 10701 Secretariat Drive, Mustang, OK 73064. 2. That Defendants, Heather Maree Fitzgerald and James M. Fitzgerald, entered into a month-to-month rental agreement with Plaintiff. However, on March 11, 2026 date, Plaintiff served a 30-Day Notice of Termination of the month-to-month rental agreement. 3. Defendant has refused to vacate the premises. WHEREFORE, these premises considered, Plaintiff prays for Judgment against the Defendant for possession and control of the premises; for damages per diem for holding over; and for costs of this action and a reasonable attorneys fee. Respectfully submitted, [signature] Travis C. Smith, OBA No. 22716 1715 Wheeler Street, Suite 200 Oklahoma City, OK 73108 Phone: (405) 607-7799 Attorney for Plaintiff/Landlord IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA PAULA FITZGERALD, Plaintiff, v. HEATHER MAREE FITZGERALD JAMES M. FITZGERALD JR., Defendants. Case No. SC 2020-589 ENTRY OF APPEARANCE Travis C. Smith enters his appearance as attorney of record on behalf of the Plaintiff-Landlord, Paula Fitzgerald, in the above-captioned case. All pleadings, correspondence, and attempt to surrender the premises or return the keys should made through the office of Plaintiff's counsel. Respectfully submitted, __________________________ Travis C. Smith, OBA No. 22716 TCS LAW FIRM PLLC 1715 Wheeler Street, Suite 200 Oklahoma City, OK 73108 Phone: (405) 607-7799 Email: [email protected] Attorney for Plaintiff-Landlord