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Show Thursday, October 29, 2006 NORTH COUNTY NEWSPAPERS Page 13 Complaint For Forfeiture IN THE FOURTH JUDICIAL DISTRICT COURT UTAH COUNTY,- STATE OF UTAH STATE OF UTAH, ) COMPLAINT FOR FORFEITURE Plaintiff, i vs. i Case No.: 060402734 The sum of $807.00 and i 2001 Nissan Altima ) Judge: Howard Ut License 547NUZ Defendant. COMES NOW the State of Utah, by and through L. Guy Probert, Deputy County Attorney, as Plaintiff, and for cause of action alleges: 1 . The seized defendant property consists of cash in the amount of $807.00 and one Nissan Altima Sedan Ut License 547NUZ 2. This court has jurisdiction pursuant to U.C.A. 24-1-3.5 and U.C.A. 58-37-13(3) because the defendant property was within the state at the time forfeiture is sought and the interested owner(s) or Interest holder(s) is or are subject to the personal jurisdiction of the District Court. 3. Pursuant to U.C.A. 58-37-13(3) and (4) (1953 as amended), the defendant de-fendant property was seized from the possession of Jorge Alberto Castillo-Avila aka Jorge Alberto Avilia-Castillo on August 9, 2006 at 150 West Center Street, Orem, in Utah County incident to the arrest of Jorge Alberto Al-berto Castillo-Avila aka Jorge Alberto Avilia-Castillo by officers of the Utah County Major CrimesTask Force. No owner may assert, under U.C.A. 24-1-6, an ownership interest in the defendant property which should remain in the custody of Utah County Major Crimes Task Force subject only to further orders and decrees of this Court. 4. The defendant property was seized and is forfeitable under Utah law because it is contraband, or it is a fire arm, weapon or ammunition used or intended for use in violation of the Utah Controlled Substances Act and was carried or used in connection with such violation or was kept or located within the proximity of controlled substances, in this case heroin and cocaine, and or it is property that was used or Intended to be used to facilitate the distribution of, or possession with Intent to distribute, a controlled substance; andor defendant property is criminal proceeds traceable to any violation of the Utah Controlled Substances Act. 5. Jorge Alberto Castillo-Avila aka Jorge Alberto Avilia-Castillo, as the person(s) from whom the defendant property was seized and Carmen Macias, the registered proprietor of the motor vehicle isare possible interested in-terested part(y)(ies) in or claimant(s) to the defendant property. 6. Jorge Alberto Castillo-Avila aka Jorge Alberto Avilia-Castillo and Carmen Car-men Macias isare not innocent owner(s) of the defendant property and defendant property is forfeitable as against Jorge Alberto Castillo-Avila aka Jorge Alberto Avilia-Castillo and Carmen Macias under U.C.A. 24-1-6 because heshethey engaged in or knew of the conduct giving cause for forfeiture, and heshe or they allowed the property to be used in furtherance of that conduct. 7. A presumption exists that the property is forfeitable pursuant to U.C.A. 24-1-6 because Jorge Alberto Castillo-Avila aka Jorge Alberto Avilia-Castillo and Carmen Macias, the only known owner(s) or interest holder(s), hashave engaged in the conduct giving cause for forfeiture; the property was acquired by Jorge Alberto Castillo-Avila aka Jorge Alberto Al-berto Avilia-Castillo and Carmen Macias during that period of the conduct con-duct giving cause for forfeiture or within a reasonable time after that period, pe-riod, and, there was no likely source for the purchase or acquisition of the property other than the conduct giving cause for forfeiture. 8. There are no additional interested parties to said defendant property known to the County Attorney's Office, and the property is forfeitable as against any interested parties for the reasons stated in paragraphs 6 andor 7 of this complaint. 9. At the time of seizure, defendant property was found in proximity to forfeitable controlled substance(s), in this case heroin and cocaine, drug manufacturing or distributing paraphernalia, or forfeitable records of the importation, manufacture or distribution of a controlled substance; andor defendant property was used or intended to be used to facilitate distribution distribu-tion or possession with intent to distribute any controlled substance(s), or is the proceeds, or was derived from proceeds, traceable to illegal controlled con-trolled substance transactions or exchanges; or, defendant property isare contraband; or firearms or weapons or ammunition used in connection con-nection with or located in proximity to, illegal controlled substance(s), and is forfeitable in this civil, in rem forfeiture action, pursuant to U.C.A. 58-37-13(2) and 24-1-1- et seq, (1953 as amended). 10. Pursuant to U.C.A. 24-1-1 7(1 )(a) and (b), any and all property which is forfeited pursuant to this action should be awarded to the state, subject to the requirements of 24-1 -1 7 regarding the disposition and allocation al-location of such property before transfer of the net proceeds to the state may occur. 11. Pursuant to U.C.A. 24-1-17(4)(b), all legal costs incurred by the prosecuting agency, Utah County Attorney's Office, in prosecuting this forfeiture proceeding, should first be deducted and paid to Utah County Attorney in accordance with its agreement with Utah County Major Crimes Task Force, which costs will not exceed 20 of the net value of the forfeited property. 12. Pursuant to U.C.A. 24-1-17(3) and (4)(a), the seizing agency Utah County Major Crimes Task Force should also be awarded its direct and reasonable costs and expenses of obtaining and maintaining the defendant defen-dant property pending forfeiture, with such costs and expenses, once known, to be deducted prior to transfer of the net proceeds of such forfeited for-feited property to the State. 13. Pursuant to U.C.A. 24-1-11, the costs of this forfeiture proceeding should be paid by Jorge Alberto Castillo-Avila aka Jorge Alberto Avilia-Castillo and Carmen Macias, the individual(s) whose conduct is the basis for this forfeiture. 14. Pursuant to U.C.A. 24-1-14, forfeiture of the defendant property is proportional to the alleged violation or violations of state law giving rise to this cause for forfeiture. 15. Pursuant to U.C.A. 24-1-17(5), all net proceeds in possession of the seizing agency, Utah County Major Crimes Task Force, should be deposited into the Criminal Forfeiture Restricted Account to be administered adminis-tered by the Commission on Criminal and Juvenile Justice in funding the Crime Reduction Assistance Program as provided under U.C.A. 24-1-1 (1953 as amended). WHEREFORE, plaintiff demands judgment as follows: 1 . That the defendant property be ordered forfeited, as property used or intended to be used to facilitate the distribution, or possession with intention inten-tion to distribute, controlled substance(s); andor as property furnished or American Fork City Council NOTICE OF ORDINANCFADOPTION - NO. 06-09-46 ZONE CHANGE AT 600 WEST 750 NORTH Notice is hereby given that the City Council of American Fork, Utah, at its September 26, 2006, Council Meeting did adopt Ordinance No. 06-09-46, approving a zone change at 600 West 750 North from the existing ex-isting RA-1 zone to the R1 -12,000 Residential zone. Copies of the complete com-plete text of the Ordinance are on file in the City Administrative Offices, 51 East Main Street, and are available for public inspection. This Ordinance Ordi-nance shall take effect upon publication of this notice. Dated this 17 day of October, 2006. Richard M. Colborn City Recorder Published in North County Newspapers Oct. 19, 2006. 00254634 WAMHE WATER, WELL & IRRIGATION. Call Ross at 642-0119 Discover How Goe Laser Hair Removal Micro-Laser Peels Spider And Leg Veins Photofacial Treatments Botox And Filler Injections Cosmeceuticals Bring In this Ad for A Free Consultation! 1 J L UNTIL OCT. TheLaser Institute at jjryCreek Dr. Richard Sharp, MD intended to be furnished in exchange for controlled substance(s); andor as representing criminal proceeds traceable to any violation of the Utah Controlled Substances Act; andor contraband, firearms, weapons or ammunition used or intended for use in violation of the Utah Controlled Substances Act, and carried or used In connection with such violation, and kept or located within the proximity of controlled substance(s). 2. That any legal costs incurred by the prosecuting agency, Utah County Attorney's Office, in prosecuting this forfeiture proceeding, be ordered deducted and paid to the said prosecuting agency in accordance with its agreement with Utah County Major Crimes Task Force. 3. That any direct costs incurred by the seizing agency, Utah County Major Ma-jor Crimes Task Force, In obtaining and maintaining the defendant property prop-erty pending forfeiture, once known, be ordered deducted and awarded to said seizing agency. 4. That Jorge Alberto Castillo-Avila aka Jorge Alberto Avilia-Castillo and Carmen Macias pay all costs of this forfeiture proceeding 5. That forfeiture In this matter is deemed proportional to the alleged violation vio-lation or violations of state law which gives rise to this cause for forfeiture. forfei-ture. 6. That the defendant property, or all net proceeds thereof remaining In the possession of the seizing agency following public sale of tangible forfeited for-feited property, after deducting and paying the costs incurred by Utah County Major Crimes Task Force and the Utah County Attorney's Office, be transferred to the Criminal Forfeiture Restricted Account to be administered admin-istered by the Commission on Criminal and Juvenile Justice in funding the Crime Reduction Assistance Program as provided for under UCA 25-1-1-et seq (1953 as amended) DATED this 18th day of September, 2006 C. KAY BRYSON L. Guy Probert Utah County Attorney Deputy Utah County Attorney Published in North County Newspapers Oct. 12 & 19, 2006. 00253245 Intent to Seek Forfeiture IN THE FOURTH JUDICIAL DISTRICT COURT UTAH COUNTY,- STATE OF UTAH STATE OF UTAH, ) COMPLAINT FOR FORFEITURE Plaintiff, vs. The sum of $807.00 and 2001 Nissan Altima Ut License 547NUZ Defendant. THE STATE OF UTAH TO: Case No.: 060402734 Judge: Howard Jorge Alberto Castillo-Avila aka Jorge Alberto Avilia-Castillo DOB: 731984 AddrGss Salt Lake City, UT 84105 Carmen Macias 5253 South 4015 West Kearns UT 84118 1 . Notice is hereby given that the above named defendant property, which consists of cash in the amount of $807.00 and one Nissan Altima Sedan Ut License 547NUZ was seized from the possession of Jorge Alberto Al-berto Castillo-Avila aka Jorge Alberto Avilia-Castillo on August 9, 2006 at 150 West Center Street, Orem, in Utah County by a peace officer incident inci-dent to an arrest, or incident to the execution of a search warrant, or incident inci-dent to the execution of a seizure warrant or with the consent of the person per-son from whom seized, because the defendant property is contraband; or it is a firearm, weapon or ammunition used or intended for use in violation vio-lation of the Utah Controlled Substances Act and was carried or used in connection with such violation or was kept or located within the proximity of controlled substances, in this case heroin and cocaine, andor it is property that was used or intended to be used to facilitate the distribution, distribu-tion, or possession with intent to distribute, of such controlled substances; sub-stances; andor it was furnished or intended to be furnished in exchange for such controlled substance; andor the defendant property is criminal proceeds traceable to any violation of the Utah Controlled Substances Act. 2. Notice is further given that the State of Utah intends to seek the forfeiture forfei-ture of the above named defendant property, and to forfeit, confiscate, and transfer any right, title or interest that you may claim to have in and to said defendant property and in furtherance of this intent, has filed a civil, in rem Complaint for Forfeiture, pursuant to Utah Code Ann. 58-37-13(2) 1953, as amended, and 24-1-1 et seq., 2004, as amended, seeking such forfeiture, with the above entitled Court. 3. Notice is hereby given pursuant to Utah Code Ann. 24-1-7, that you may obtain release of the property by posting a surety bond for the property, prop-erty, and that you are also entitled to file a motion for hardship release of the property. A motion for hardship release must be filed with the Clerk of the Fourth Judicial District Court, 125 North 100 West, Provo, Utah 84601 , and must also be mailed to, or served upon the State' s attorney, L. Guy Probert, Deputy Utah County Attorney , at 100 East Center Street, Suite 2100, Provo, Utah, 84604, or upon the seizing agency, Utah Highway Patrol, 763 North 1370 West, Orem, Utah, 84057, within ten (10) days after filing the motion for hardship release. 4. Notice is hereby given that pursuant to Utah Code Ann. 24-1 -5, you have thirty (30) days from the date of service of this Notice and Complaint Com-plaint upon you in which to file a Verified Claim and Answer to the Complaint, Com-plaint, which Complaint is on file with the Court herein, and a copy of which is herewith served upon you. Said Answer must be filed with the Clerk of the Fourth Judicial District Court, 125 North 100 West, Provo, Utah 84601, and must also be mailed to, or served upon the State's attorney, at-torney, L. Guy Probert, Deputy Utah County Attorney , at 100 East Center Cen-ter Street, Suite 2100, Provo, Utah, 84604. 5. Notice is hereby given that if you fail to so answer, judgment by default de-fault will be taken against you and you will forfeit any right, title or interest inter-est which you may claim in and to said defendant property. DATED this 18th day of September, 2006. Kay Bryson Utah County Attorney L. Guy Probert Deputy Utah County Attorney Published in North County Newspapers Oct. 12 & 19, 2006. 00253245 REPLACEMENTS ARE OUR SPECIALTY! EMERGENCY FURNACE flfcPLACEMEi Wr 1 a $200 DOLLARS OFF ON ALL 95 HIGH EFFICIENCY FURNACES jitt. rZZ..s.. Financing Available VkXSS Call Anytime oooi. 489-7088 'Quality Sonic at a Fik Met" NAAAAA.harveyheatingandair.com cimwx to::.atoes ULlmiemiUHt Pine Vats, Ranorjerrieo, Street Corn, Red Vatoea, fippfea, Tomatoes, flw'ofls, Harriett Peare, Qinter &otia&h, Local Honey, Pumpkins - ) Ses, Dewatimf Straw Bales A Corn Stalks Disc Herniation? 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