NOTICE OF PENDING FORFEITURE AND NOTICE OF SEIZURE FOR FORFEITURE

Sheila Sullivan Polk YAVAPAI COUNTY ATTORNEY 255 E. Gurley Street Prescott, Arizona 86301 (928) 771-3338 Thomas M. Stoxen, SBN 014904 Deputy County Attorney YCAO@co.yavapai.az.us IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF YAVAPAI P1300CV201201418 NOTICE OF PENDING FORFEITURE AND NOTICE OF SEIZURE FOR FORFEITURE IN THE MATTER OF: ONE HUNDRED EIGHTY-FIVE THOUSAND FOUR HUNDRED EIGHTY-THREE DOLLARS ($185,483) IN U.S. CURRENCY; 2008 SILVER DODGE CHARGER (VIN 2B3KA43R98H113798). TO: ALL PERSONS CLAIMING TO BE AN OWNER OF OR INTEREST HOLDER IN ANY OF THE PROPERTY DESCRIBED IN APPENDIX ONE YOU ARE HEREBY GIVEN NOTICE that pursuant to A.R.S. §§13-4307, 13-4308 and 13-4311 that an action as described in the above heading is pending in which the State of Arizona claims that the property described in Appendix One hereto, incorporated by reference, is described in a statute providing for its forfeiture and is therefore subject to forfeiture. The property has been seized for forfeiture by the State of Arizona pursuant to A.R.S. §§13-2314, 13-3413, and 13-4302, et seq. The seizure and conduct giving rise to forfeiture took place in Yavapai County, Arizona. Any person claiming a lawful interest in any of the seized property must file a verified claim in the Yavapai County Superior Court satisfying the requirements of A.R.S. §13-4311(E) and (F) within thirty (30) days after Notice of Pending Forfeiture pursuant to A.R.S. §13-4307. This claim is separate from and in addition to an answer to a complaint. This notice does not make uncontested forfeiture available under A.R.S. §13-4309. Copies of the claim must be mailed to the seizing agency, Arizona Department of Public Safety, 1111 Commerce Drive, Prescott, Arizona 86305, and to the Attorney for the State, Deputy County Attorney, Thomas M. Stoxen, at 255 E. Gurley St., Prescott, AZ 86301 A.R.S. §13-4311(E) provides: The claim shall be signed by the claimant under penalty of perjury and shall set forth all of the following:

1. The caption of the proceeding as set forth on the Notice of Pending Forfeiture or Complaint and the name of the claimant;

2. The address at which he will accept future mailings from the Court or attorney for the State.

3. The nature and extent of the claimant's interest in the property.

4. The date, the identity of the transferor and circumstances of the claimant's acquisition of the

5. The specific provisions of this chapter [referring to chapter 39 of Title 13] relied on in asserting that it is not subject to forfeiture.

6. All facts supporting each such assertion. 

7. Any additional facts supporting the claimant's claim. 

8. The precise relief sought. A.R.S. §13-4311(F) provides: Copies of the claim shall be mailed to the seizing agency and to the attorney for the state.

No extension of time for the filing of a claim may be granted.

If no such claim is timely made, forfeiture of all interest in the seized property of any person who does not so claim will be applied for. No person who has not timely filed a proper claim will be a party, be represented, or receive further notice of any proceeding.

By law, no extension of time for the filing of a claim may be granted. The Complaint may be under A.R.S. §13-4311, or it may seek relief under all of A.R.S. §13-2314, particularly (C), (D), (E) and (F), as well as under A.R.S.§§13-3413, 13-4311, 13-4312, 13-4313 and 13-4314(F). The property was seized by the Arizona Department of Public Safety, 1111 Commerce Drive, Prescott, Arizona 86305 on November 20, 2012 on Interstate 40, milepost 143, Yavapai County, Arizona.

If you have not previously received notice of its seizure for forfeiture, this is also notice pursuant to A.R.S. §13-4306(C). In some circumstances, a person claiming a lawful interest may file, within fifteen days of notice of seizure for forfeiture, an application under A.R.S. §13-4310(B) to obtain a hearing on the provisional return of the property pending the outcome of a judicial proceeding on its forfeiture.

If an application for such a hearing is filed, it, too, must comply with the requirements of A.R.S. §13-4311(E) and (F), and must be filed in the Yavapai County Superior Court, Yavapai County Courthouse, Prescott, Arizona 86301. Notice of the order to show cause hearing must be served upon the Attorney for the State at least five working days before the hearing is held. Under A.R.S. §13-4306(G), an owner of property may obtain the release of seized property by posting with the Attorney for the State a surety bond or cash in an amount equal to the full fair market value of the property, as determined by the Attorney for the State. The State may refuse to release the property if:

1) the bond or cash tendered is not in an amount equal to the full fair market value of the property; or

2) the property is retained as contraband or as evidence;

3) the property is particularly altered or designed for use in conduct giving rise to forfeiture.

If you post a bond or cash in lieu of the property, the bond or cash and not the property will be subject to forfeiture.

If you wish to post a bond or cash in lieu of the property, you may contact the Attorney for the State.

If no Notice of Pending Forfeiture is made within sixty days after the seizure of the property for forfeiture, any owner or interest holder may request the release of the property, pending further proceedings pursuant to the forfeiture statutes, to be commenced seven years after actual discovery by the State of the last act giving rise to forfeiture. The request should be addressed to the Attorney for the State and should show that the requestor is an owner or interest holder.

If the Attorney for the State declines to authorize release of the property by the seizing agency, the request may be addressed to the Yavapai County Superior Court, Yavapai County Courthouse, Prescott, Arizona 86301.

Any attempt to hide, transfer, convey or sell any interest in any property seized for forfeiture, or to deposit it with a third party, place it beyond the jurisdiction of the Yavapai County Superior Court, diminish its value or commingle it with other property may result in forfeiture of other property of equal value.

If the property is conveyed, alienated, encumbered, disposed of, received, removed from the jurisdiction of the Yavapai County Superior Court, concealed, or otherwise rendered unavailable for forfeiture you may be sued for the fair market value of the property together with reasonable investigative expenses and attorney's fees, in addition to other remedies available by law, including criminal as well as civil remedies for fraud. No bond is required as a condition of making a claim, however, A.R.S. §13-4314(F) provides: The court shall order any claimant who fails to establish that his entire interest is exempt from forfeiture under section 13-4304 to pay the costs of any claimant who establishes that his entire interest is exempt from forfeiture under section 13-4304, and the state's costs and expenses of the investigation and prosecution of the matter, including reasonable attorney fees. DATED this 4th day of December, 2012. SHEILA SULLIVAN POLK YAVAPAI COUNTY ATTORNEY

By: /s/ Thomas M. Stoxen, Deputy County Attorney

APPENDIX ONE

1. ONE HUNDRED EIGHTY-FIVE THOUSAND FOUR HUNDRED EIGHTY-THREE DOLLARS ($185,483) IN U.S. CURRENCY;

2. 2008 SILVER DODGE CHARGER (VIN 2B3KA43R98H113798).