Opinion
Civil Action No. 00-0691-BH-C
February 5, 2001
FINAL JUDGMENT OF FORFEITURE
On July 28, 2000, a verified Complaint for Forfeiture In Rem was filed on behalf of the United States against the defendant property to enforce the provisions of Title 21, United States Code, Section 881(a)(6) for the forfeiture of property which constitutes proceeds traceable to the exchange of controlled substances; Title 21, United States Code, Section 881(a)(7) for the forfeiture of real property used to commit or to facilitate the commission of a violation of title 21, United States Code, Sections 801 et seq.; and Title 18, United States Code, Section 981(a)(1)(A), for the forfeiture of property involved in a transaction in violation of Title 18 United States Code, Section 1956, making the defendant property subject to seizure and forfeiture to the United States. The defendant property is located at 135 W. Petain Street, Prichard, Alabama 36610, and is more fully described as follows:
Lot 11, Block A, McCOY SUBDIVISION, according to plat thereof recorded in Map Book 4, pages 262-263 of the Probate Court Records of Mobile County, Alabama
This conveyance is made subject to the following:
1. Any and all restrictions, easements, rights of way, reservations or other exceptions which may be of public record affecting said property.
Pursuant to the warrant of arrest in rem issued by this Court on August 1, 2000, the United States Marshals Service for the Southern District of Alabama arrested the defendant property. Notice of this arrest and forfeiture action was published in the Mobile Press Register, a newspaper of general circulation in the Southern District of Alabama, on September 5, 6, 7, 12, 13, 14, 2000.
Process was fully issued in this action for the forfeiture of the defendant property under the Complaint for Forfeiture In Rem filed herein on July 28, 2000.
Vanessa Packer was served with notice of this forfeiture action by certified mail, which she received and signed for on August 22, 2000. Vanessa Packer has not filed a claim or an answer. A Default Judgment of Forfeiture as to the interests of Vanessa Packer was entered by this Court on November 28, 2000.
Roderick Packer was initially served by certified mail, which was received and signed for by his sister, Vanessa Packer. However, since this first mailing was not by restricted delivery and was not signed by Roderick Packer, it was decided that such service was not sufficient. A second attempt was made to serve Roderick Packer by way of certified mail, restricted delivery, at his last known address. Process was returned as "moved, left no address." Pursuant to an Order of this Court dated October 4, 2000, Roderick Packer was served by publication. A Legal Notice of Forfeiture Action was published in the Mobile Press Register ordering Roderick Packer to appear or plead in this cause within thirty (30) days of the last date of publication. Roderick Packer has not filed a claim or an answer. A Default Judgment of Forfeiture as to the interests of Roderick Packer was entered by this Court on January 16, 2001.
With the Default Judgments of Forfeiture as to the interests of Vanessa Packer and Roderick Packer, and no claims, answers, or pleadings having been filed in opposition to the forfeiture of the defendant property, and there being no remaining issues, the above-captioned action has reached its final conclusion. All possible claimants have had adequate notice and time in which to file a claim and an answer.
NOW, THEREFORE, the Court having considered the matter and been fully advised in the premises, it is ORDERED, ADJUDGED, and DECREED as follows:
1. That this Court has jurisdiction over the subject matter. That the Complaint states a claim upon which relief may be granted.
2. That all possible claimants have had adequate notice and time in which to file a claim, answer the Government's complaint, and have their rights in this matter adjudicated.
3. That in accordance with Default Judgments of Forfeiture entered as to the interests of Vanessa Packer and Roderick Packer, the defendant property is due to be and is hereby forfeited to the United States of America pursuant to Title 21, United States Code, Sections 881(a)(6) and (7), and Title 18, United States Code, Section 981(a)(1)(A), for disposition according to law.