IN THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA Ben Michael Mayberry,and Shelly Denise Mayberry Plaintiffs vs. J.

MARK OGLE, and MARI-JEAN OGLE. OGLE PROPERTIES Defendants ) ) ) ) ) ) ) ) ) )

Case No. CV-2013-00396 JUDGE SELLERS

PLAINTIFFS MOTION FOR LEAVE TO AMMEND COMPLAINT AS A MATTER OF RIGHT And FILE REPLY TO DEFENDANTS UNVERIFIED MOTION TO STRIKE AND UNVERIFIED MOTION TO DISMISS Comes now Ben Michael Mayberry and Shelly Denise Mayberry, husband and wife, living peacefully in Tulsa County, and Plaintiffs in the above-captioned Action, Plaintiff, in the above captioned cause, and respectfully moves this honorable Court for leave to amend the Complaint previously filed by Plaintiff in this Cause. As grounds for this Motion, Plaintiff states that since filing the initial Complaint, new facts about the Defendant's conduct have emerged, and Plaintiff states that justice requires that this Court allow the Motion to Amend. The presentation of the merits of the underlying cause of action is served by the grant of this Motion and Defendant is not prejudiced by the granting of said motion, and admission of the evidence and trial of the issue(s). The interests of justice are properly served by the grant of this Motion as this Motion is filed in good faith and not for purposes of delaybut so that justice may be done. WHEREFORE, Plaintiffs request that this honorable Court enter an Order allowing Plaintiff until June ___, 2013, to file their amended Petition so that justice may be done and respond to the Unverified Reply filed by Dwight L. Smith,.

PLAINTIFFS MOTION FOR LEAVE TO AMMEND COMPLAINT

Dated: June ___, 2013 Prepared and Submitted by: _______________________________ Ben Michael Mayberry, Shelly Denise Mayberry 9210 s Lakewood Ave Tulsa, Oklahoma 918-734-3422

VERIFICATION I have read the foregoing and know the contents thereof. The same is true of my own knowledge, except as to those matters, which are therein alleged on information and belief, and as to those matters, I believe to be true. I declare under penalty of perjury under the laws of the People of the state of Oklahoma that the foregoing is true and correct and that this declaration was executed at Tulsa, Oklahoma. By:______________________________________ Ben Michael Mayberry, 9210 s Lakewood Ave Tulsa, Oklahoma 918-734-3422 Dated: June__, 2013

PLAINTIFFS MOTION FOR LEAVE TO AMMEND COMPLAINT