Legals for 10/2/2020 - 10/08/2020

October 1, 2020 chris
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________________

NOTICE OF MORTGAGE FORECLOSURE SALE

 

STATE OF Alabama COUNTY OF ETOWAH

 

Default having been made of the terms of the loan documents secured by that certain mortgage executed by Douglas L. Clemons An Unmarried Man Perminio F Lopez to Dynex Financial of Alabama, Inc. dated June 7, 2000; said mortgage being recorded on June 8, 2000, in Book 2000, Page 160 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to U.S. Bank National Association, as Successor Trustee to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee, for Origen Manufactured Housing Contract Senior/Subordinate Asset Backed Certificates Trust, Series 2001-A to be recorded in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, U.S. Bank National Association, as Successor Trustee to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee, for Origen Manufactured Housing Contract Senior/Subordinate Asset Backed Certificates Trust, Series 2001-A, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 13th day of October, 2020 the following property, situated in Etowah County, Alabama, to-wit:

Lot 20, of Mountain Meadows Estates Subdivision according to the Map of Plat thereof recorded in Plat Book ’K’, Page 55, Probate Office, Etowah County, Alabama.

 

Subject to the restrictive covenants of record in Misc. Book 1996, Page 296, Document Number Misc-1996-2005, Probate Office, Etowah County, Alabama.

 

Subject to all utility easements, whether of record or as are situated over, along, across or beneath said property, including the overhead power transmission lines easement as shown on map of survey.

 

Rights-of-way for roads of record or as same are presently situated over, along or across said property.

 

Said property is commonly known as 325 Mountain Meadows, Gadsden, AL 35905.

Should a conflict arise between the property address and the legal description the legal description will control.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned. The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.

 

U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR ORIGEN MANUFACTURED HOUSING CONTRACT SENIOR/SUBORDINATE ASSET BACKED CERTIFICATES TRUST, SERIES 2001-A

as holder of said mortgage

 

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 9199219

www.foreclosurehotline.net

 

September 18, 25, and October 2, 2020

________________

MORTGAGE FORECLOSURE NOTICE

 

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jessica Adkins and Wesley Scott, to Alabama Teachers Credit Union on the 10th day of July, 2015, said mortgage being recorded at Instrument #3420534 in the Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 13th day of October, 2020, the following described real estate situated in Etowah County, Alabama, to-wit:

 

Lots Number 51 and 52, in Block No. 1, in T. R. Raley’s Second Addition to East Gadsden, according to the map thereof recorded in Plat Book “D”, Page 223, Probate Office, Etowah County, Alabama, and lying and being in the City of Gadsden, Etowah County, Alabama.

 

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

 

Alabama Teachers Credit Union

 

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick

& Smith, P.C.

  1. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

 

September 18, 25 and October 2, 2020

________________

NOTICE OF FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mary A Nickerson A/K/A Mary Nickerson, unmarried, to Regions Bank, on September 25, 2017, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3457758; Regions Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on October 15, 2020, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

THE FOLLOWING DESCRIBED PROPERTY SITUATED IN ETOWAH COUNTY, ALABAMA:

 

PARCEL ONE:

LOT ONE (1), BLOCK ONE (1) OF ETHEL L. WILBANKS SUBDIVISION AS RECORDED IN PLAT BOOK D, PAGE 229, OFFICE OF THE JUDGE OF PROBATE, ETOWAH COUNTY, ALABAMA.

 

PARCEL TWO:

LOT NO. 2A OF THE REARRANGEMENT (UNRECORDED) OF BLOCK 1, ETHEL L. WILBANKS SUBDIVISION AS RECORDED IN PLAT BOOK “D”, PAGE 229, IN THE JUDGE OF PROBATE OFFICE, ETOWAH COUNTY, ALABAMA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT NUMBER ONE (1), BLOCK ONE (1), OF SAID ETHEL L. WILBANKS SUBDIVISION; FROM SAID POINT OF COMMENCEMENT RUN SOUTH 88 DEGREES 30 MINUTES 00 SECONDS WEST ALONG THE SOUTHERN RIGHT-OF-WAY OF WEST AIR DEPOT ROAD A DISTANCE OF 38.00 FEET TO AN IRON PIN SET (PLS 20141) BEING THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; FROM SAID POINT OF BEGINNING DEFLECT LEFT, DEPART FROM SAID ROADWAY AND RUN SOUTH 00 DEGREES 05 MINUTES 48 SECONDS EAST A DISTANCE OF 145.00 FEET TO AN IRON PIN SET (PLS 20141) MONUMENTING THE SOUTHWEST CORNER OF LOT NUMBER ONE (1), BLOCK ONE (1), OF SAID ETHEL L. WILBANKS SUBDIVISION, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT NUMBER TWO (2) OF SAID UNRECORDED REARRANGEMENT; THENCE RUN NORTH 06 DEGREES 26 MINUTES 11 SECONDS WEST ALONG THE EASTERN LINE OF SAID UNRECORDED LOT TWO (2) A DISTANCE OF 145.50 FEET TO AN IRON PIN SET (PLS 20141) MONUMENTING THE NORTHEAST CORNER OF SAID UNRECORDED LOT NUMBER TWO (2) AND THE POINT OF INTERSECTION WITH THE SOUTHERN RIGHT-OF-WAY OF SAID WEST AIR DEPOT ROAD; THENCE RUN NORTH 88 DEGREES 30 MINUTES 00 SECONDS EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 16.07 FEET TO THE POINT OF BEGINNING, SAID LOT NO. 2A (UNRECORDED) REARRANGEMENT BEING A PORTION OF LOT TWO (2), BLOCK ONE (1), ETHEL L. WILBANKS SUBDIVISION, AS RECORDED IN PLAT BOOK “D”, PAGE 229, IN THE JUDGE OF PROBATE OFFICE, ETOWAH COUNTY, ALABAMA. PARCEL THREE:

LOT NO. TWO (2) OF THE UNRECORDED REARRANGEMENT OF BLOCK ONE (1) OF ETHEL L. WILBANKS SUBDIVISION RECORDED IN PLAT BOOK “D”, PAGE 229 IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT ONE (1), BLOCK ONE (1) OF SAID ETHEL L. WILBANKS SUBDIVISION AND FROM SAID POINT OF COMMENCEMENT RUN SOUTH 88 DEGREES 30 MINUTES 00 SECONDS WEST ALONG THE SOUTHERN RIGHT OF WAY OF WEST AIR DEPOT ROAD A DISTANCE OF 54.07 FEET TO AN IRON PIN SET (PLS 20141) BEING THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED. FROM SAID POINT OF BEGINNING DEFLECT LEFT, DEPART FROM SAID ROADWAY AND RUN SOUTH 06 DEGREES 26 MINUTES 11

SECONDS EAST A DISTANCE OF 145.50 FEET TO AN IRON PIN SET (PLS 20141) MONUMENTING THE SOUTHWEST CORNER OF LOT ONE (1), BLOCK ONE (1) OF SAID ETHEL L. WILBANKS SUBDIVISION, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT TWO (2) OF SAID UNRECORDED REARRANGEMENT; THENCE RUN SOUTH 88 DEGREES 30 MINUTES 00 SECONDS WEST A DISTANCE OF 60.00 FEET TO AN IRON PIN SET (PLS 20141) MONUMENTING THE SOUTHWEST CORNER OF LOT TWO (2), BLOCK ONE (1) OF SAID ETHEL L. WILBANKS SUBDIVISION, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT TWO (2) OF SAID UNRECORDED REARRANGEMENT; THENCE RUN NORTH 06 DEGREES 26 MINUTES 11 SECONDS WEST A DISTANCE OF 145.00 FEET TO AN IRON PIN SET (PLS 20141) MONUMENTING THE POINT OF INTERSECTION WITH THE SOUTHERN RIGHT OF WAY OF SAID WEST AIR DEPOT ROAD; THENCE RUN NORTH 88 DEGREES 30 MINUTES 00 SECONDS EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID LOT NUMBER TWO (2) OF UNRECORDED REARRANGEMENT BEING A PORTION OF LOTS TWO (2) AND THREE (3), BLOCK ONE (1) OF ETHEL L. WILBANKS SUBDIVISION RECORDED IN PLAT BOOK “D”, PAGE 229, IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA. SUBJECT TO RESTRICTIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY. BEING THE SAME PREMISES CONVEYED TO MARY NICKERSON FROM DANNY J. WAGNON AND WIFE AMY E. WAGNON BY WARRANTY DEED DATED 6/2/2017, AND RECORDED ON 6/6/2017, DOCUMENT # 3451668, IN ETOWAH COUNTY, AL.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

Regions Bank

Transferee

 

Jauregui & Lindsey, LLC

244 Inverness Center Drive

Suite 200

Birmingham, AL 35242

Phone: (205) 970-2233

 

September 18, 25 and October 2, 2020

________________

NOTICE OF FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mary Ruth Rains, an unmarried woman, to AmSouth Bank, on March 22, 1999, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Book 1999, Page 96; and subsequently modified on November 12, 2002, and said modification being recorded at Doc #, Misc-2002-8233; Regions Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on October 20, 2020, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOTS NO. 114, 115, AND 116, IN ARGYLE HILLS, ACCORDING TO A MAP OR PLAT THEREOF AS THE SAME APPEARS ON RECORD IN THE OFFICE OF THE JUDGE OF PROBATE OF ETOWAH COUNTY, ALABAMA, IN BOOK OF TOWN PLATS “G”, PAGE 67, AND LYING AND BEING IN GADSDEN, ETOWAH COUNTY, ALABAMA, AND BEING SUBJECT TO MINERAL RESERVATION AS SHOWN BY RECORD BOOK “4-T”, PAGE 20, IN SAID PROBATE OFFICE.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

Regions Bank

Transferee

 

Jauregui & Lindsey, LLC

244 Inverness Center Drive

Suite 200

Birmingham, AL 35242

Phone: (205) 970-2233

September 18, 25, and October 2, 2020

________________

NOTICE OF FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Garvis T. Battles A/K/A Garvis Battles and Pamela Battles, husband and wife, to AmSouth Bank, on April 23, 1991, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Book 1849, Page 326, Amendment of Mortgage as recorded 7/19/1995 in Misc. Book 319, Page 10Regions Bank DBA AmSouth Bank, on May 25, 2007, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument No., 3273825; and subsequently modified on August 8, 2000, and said modification being recorded at Book 2000, Page 235; Regions Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on October 20, 2020, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

THE FOLLOWING REAL PROPERTY SITUATE IN COUNTY OF ETOWAH AND STATE OF ALABAMA, DESCRIBED AS FOLLOWS:

 

LOT NUMBER TWENTY (20) IN BLOCK “A” IN BRIARCLIFF VILLAGE, SECTOR ONE, (1), ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “H “, PAGE 6, IN THE OFFICE OF THE JUDGE OF PROBATE OF ETOWAH COUNTY, ALABAMA

 

AND LYING AND BEING IN RAINBOW CITY, ETOWAH COUNTY, ALABAMA, TOGETHER WITH ALL IMPROVEMENTS LOCATED THEREON, AND BEING ONE AND THE SAME PROPERTY DESCRIBED IN THAT CERTAIN DEED RECORDED IN BOOK “1273”, PAGE 489, IN THE OFFICE OF THE JUDGE OF PROBATE OF ETOWAH COUNTY, ALABAMA

 

AND

 

LOT NUMBER Nineteen (19), in Block “A” in Allegheny Land and Development Company`s Briarcliff Village, Sector One, according to the plat thereof as the same appears of record in Plat Book “H”. Page 6, Probate Office, Etowah County, Alabama, any lying and being in Etowah County, Alabama.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

Regions Bank

Transferee

 

Jauregui & Lindsey, LLC

244 Inverness Center Drive

Suite 200

Birmingham, AL 35242

Phone: (205) 970-2233

 

September 18, 25 and October 2, 2020

 

________________

NOTICE OF FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jean Johnson, unmarried, to Regions Bank, on March 31, 2008, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3293475; Regions Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on November 5, 2020, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

THE FOLLOWING REAL PROPERTY SITUATE IN COUNTY OF ETOWAH AND

STATE OF ALABAMA, DESCRIBED AS FOLLOWS:

 

A LOT DESCRIBED AS BEGINNING AT A POINT IN THE SOUTHEAST LINE OF

FIFTH AVENUE AS SHOWN BY THE MAP OF NOWLIN ADDITION TO EAST

GADSDEN, ACCORDING TO THE SECOND SURVEY THEREOF AS RECORDED IN

PLAT BOOK B PAGES 20 AND 21 IN THE OFFICE OF THE JUDGE OF PROBATE

OF ETOWAH COUNTY, ALABAMA, WHICH IS 100 FEET NORTHEASTERLY

MEASURED ALONG THE SOUTHEAST LINE OF SAID FIFTH AVENUE FROM

WHERE THE SAME INTERSECTS THE NORTHEAST LINE OF FIRST STREET, AS

SHOWN BY SAID PLAT BOOK B, PAGES 20 AND 21, AND FROM SAID POINT OF BEGINNING RUN IN A NORTHEASTERLY DIRECTION AND ALONG THE

SOUTHEAST LINE OF FIFTH AVENUE A DISTANCE OF 60 FEET; THENCE TO

THE RIGHT AT AN ANGLE OF 90 DEGREES AND RUN IN A SOUTHEASTERLY

DIRECTION A DISTANCE OF 151 FEET; THENCE TO THE RIGHT AT AN ANGLE

OF 90 DEGREES AND RUN IN A SOUTHWESTERLY DIRECTION A DISTANCE OF

60 FEET; THENCE TO THE RIGHT AT AN ANGLE OF 90 DEGREES AND RUN IN A NORTHWESTERLY DIRECTION A DISTANCE OF 151 FEET TO THE POINT OF BEGINNING, AND EMBRACING A PORTION OF THE NORTH 22 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER IN SECTION TEN (10), TOWNSHIP TWELVE (12) SOUTH, RANGE SIX (6) EAST OF HUNTSVILLE MERIDIAN, IN GADSDEN, ETOWAH COUNTY, ALABAMA.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

Regions Bank

Transferee

 

Jauregui & Lindsey, LLC

244 Inverness Center Drive

Suite 200

Birmingham, AL 35242

Phone: (205) 970-2233

 

September 25,

October 2 and 9, 2020

________________

MORTGAGE FORECLOSURE NOTICE

 

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Marcus Chad Talley and wife, Mary Margaret Talley, to Alabama Teachers Credit Union on the 31st day of March, 2014, said mortgage being recorded at Instrument #3400212 in the Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 26th day of October, 2020, the following described real estate situated in Etowah County, Alabama, to-wit:

 

A tract of land described as beginning at the Northeast corner of that certain tract conveyed by Ellen Blount to Robert H. Baker, et al, by Deed dated 7th June, 1913, and recorded in Deed Book “3-C”, Page 396, Probate Office, Etowah County, Alabama; thence in a Southerly direction and along the East line of said Baker Tract a distance of 217 feet, more or less, to the New Street recently opened by the City of Gadsden, running parallel to and lying just South of Tidmore Street; thence in an Easterly direction, and along the North line of said New Street a distance of 50 feet to the East line of Lot#5, lying South of Tidmore Street in what is known as the Samson Green Lands; thence in a Northerly direction and parallel with the East line of the South ½ of the Southwest ¼ of Section 36, a distance of 217 feet, more or less, to the South line of Tidmore Street; thence in a Westerly direction and along the South line of Tidmore Street a distance of 50 feet to the point of beginning and embracing a part of the South one-half (South ½) of the Southwest Quarter (Southwest ¼) in Section Thirty-Six (36), Township Eleven (11) South of Range Six (6) East of the Huntsville Meridian in Etowah County, Alabama and being further described as the North half of the East part of that part of Lot # Five (5) lying South of Tidmore Street in what is known as the Samson Green Lands.

 

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

 

Alabama Teachers Credit Union

Dana L. Rice, Its Attorney

 

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

  1. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

 

October 2, 9 and 16, 2020

________________

FILE CLAIMS

 

Karen Sizemore, was/were appointed Personal Representative(s) on 08/26/2020 Estate of Karl Sizemore, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 18, 25 and October 2, 2020

________________

FILE CLAIMS

 

Kristen Lindsey Johnson, was/were appointed Personal Representative(s) on 08/24/2020 Estate of Zoe Ann Glaze, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 18, 25, and October 2, 2020

________________

FILE CLAIMS

 

David Eugene Sanders and Joseph Quinton Farmer, was/were appointed Personal Representative(s) on 08/24/2020 Estate of Ola Mae Middlebrooks Farmer, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 18, 25 and October 2, 2020

________________

FILE CLAIMS

 

Tammy Deweese, was/were appointed Personal Representative(s) on 08/24/2020 Estate of Harold Lovoyd Simmons, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 18, 25 and October 2, 2020

________________

FILE CLAIMS

 

Paula Hayes Wilson, was/were appointed Personal Representative(s) on 08/24/2020 Estate of David Ray Wilson, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 18, 25 and October 2, 2020

________________

FILE CLAIMS

 

Greg Phillips, was/were appointed Personal Representative(s) on 08/11/2020 Estate of James A. Phillips, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 18, 25 and October 2, 2020

________________

FILE CLAIMS

 

Erston James Del Kilgo, was/were appointed Personal Representative(s) on 08/06/2020 Estate of Mary Frances Kilgo, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 18, 25 and October 2, 2020

________________

FILE CLAIMS

 

Amanda Mims Nelson appointed Personal Representative(s) on 08/2652020 Estate of Mable Roselyn Harbaugh, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 18, 25 and October 2, 2020

________________

FILE CLAIMS

 

Shawna Melissa Battles, was/were appointed Personal Representative(s) on 08/13/2020 Estate of Pamela Snead Morton, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 18, 25 and October 2, 2020

________________

FILE CLAIMS

 

Jason Floyd, was/were appointed Personal Representative(s) on 08/27/2020 Estate of Macarther Floyd, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 18, 25 and October 2, 2020

________________

FILE CLAIMS

 

Eunice C. Stephens appointed Personal Representative(s) on 08/27/2020 Estate of Jack R. Stephens, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 25,

October 2 and 9, 2020

________________

FILE CLAIMS

 

Willie James Mackey appointed Personal Representative(s) on 08/26/2020 Estate of Mattie Mae Mackey Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 25,

October 2 and 9, 2020

________________

FILE CLAIMS

 

Renita Jones appointed Personal Representative(s) on 05/19/2020 Estate of Johnny Harvey Flenoir Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 25,

October 2 and 9, 2020

________________

FILE CLAIMS

 

Michael Todd Brown was appointed Personal Representative(s) on 09/01/2020 Estate of James Keith Brown, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 25,

October 2 and 9, 2020

________________

FILE CLAIMS

 

James Gregory Pruitt appointed Personal Representative(s) on 09/02/2020 Estate of James William Pruitt Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

September 25,

October 2 and 9, 2020

________________

NOTICE TO FILE CLAIMS

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

 

IN RE: THE ESTATE OF ROBERT GEORGE KINGSLEY, DECEASED

 

CASE NO: S-11064

 

Take Notice that Letters of Testamentary having been granted to JESSIE LEE WRENN, as Personal Representative of the Estate of ROBERT GEORGE KINGSLEY, deceased, on the 11th day of August 2020 by this Court.

 

Notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law, or in the same will be barred.

 

Scott W. Hassell

Probate Judge

 

September 25,

October 2 and 9, 2020

________________

FILE CLAIMS

 

Glenda T. Urso appointed Personal Representative(s) on 09/16/2020 Estate of Joseph G. Urso Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

October 2, 9 and 16, 2020

________________

FILE CLAIMS

 

Ivy Estes appointed Personal Representative(s) on 09/03/2020 Estate of Jimmy Wilson Vest Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

October 2, 9 and 16, 2020

________________

FILE CLAIMS

 

Marjan Cobia Formby appointed Personal Representative(s) on 09/03/2020 Estate of Helen E. Cobia Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

October 2, 9 and 16, 2020

________________

FILE CLAIMS

 

Carole Lynn Wright, was/were appointed Personal Representative(s) on 10/07/2014 Estate of Betty Carol Hames Bryan, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

 

Scott W. Hassell

Judge of Probate

 

October 2, 9, and 16, 2020

________________

NOTICE OF CREDITORS

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

 

THE ESTATE OF LYNN A. GUNTER, Deceased

 

CASE NUMBER: S-11028

 

TAKE NOTICE that LETTERS OF TESTAMENTARY having been granted to Hugh Michael Gunter, as Personal Representative of the Estate of Lynn A. Gunter, on the 4th day of August, 2020, by the Honorable Scott Hassell, Judge of Probate, Etowah County, Alabama.

 

NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.

 

Jason Knowles,

Knowles and Sullivan, LLC.

Attorney for Petitioner

413 Broad Street

Gadsden, AL. 35901

256-547-7200

 

September 25,

October 2 and 9, 2020

________________

PUBLIC NOTICE

 

In re: the Estate of Eugene Skipper, Deceased

 

Case No: S-9648

 

To: Terri Lynn Sohl and Christine Skipper Lomardo and all other interested persons take notice that the 26th day of October, 2020 at 11:00 A.M. has been set as the date and time for a hearing to determine whether to admit the Last Will and Testament of the deceased to Probate and afterwards issue Letters Testamentary to the Petitioner.

 

Scott W. Hassell

Probate Judge for Etowah County, Alabama

 

September 25,

October 2 and 9, 2020

________________

PERSONAL REPRESENTATIVE’S NOTICE TO FILE CLAIM

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

 

In the Matter of the Estate of: Linda Sue Brown, Deceased

 

Case No: S-11059

 

Letters Testamentary on the Estate of Linda Sue Brown, having been granted to the undersigned on the 28th day of August, 2020, by the Judge of Probate of said County, notice is hereby given that all persons having claims against said estate, are hereby required to present the same within the time allowed by law, or the same will be barred.

 

Terry Johns,

Personal Representative of the Estate of Linda Sue Brown, Deceased

 

Scott W. Hassell

Probate Judge

 

September 25,

October 2 and 9, 2020

________________

NOTICE OF CREDITORS

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

 

THE ESTATE OF Thomas Jefferson Walker II, Deceased

 

CASE NUMBER: S-11040

 

TAKE NOTICE that Letters of Testamentary having been granted to Jonathan D. Thomas, as Personal Representative of the Estate of Thomas Jefferson Walker II, on the 13th day of August, 2020, by the Honorable Scott Hassell, Judge of Probate, Etowah County, Alabama.

 

NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.

 

Jason Knowles,

Knowles and Sullivan, LLC.

Attorney for Petitioner

413 Broad Street

Gadsden, AL. 35901

256-547-7200

 

September 18, 25, October 2, 2020

________________

NOTICE OF CREDITORS

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

 

THE ESTATE OF Franklin D. Clark, Deceased

 

CASE NUMBER: S-11050

 

TAKE NOTICE that LETTERS OF TESTAMENTARY having been granted to Sarah Clark Hardy, as Personal Representative of the Estate of Franklin D. Clark, on the 24th day of August, 2020, by the Honorable Scott Hassell, Judge of Probate, Etowah County, Alabama.

 

NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.

 

Jason Knowles,

Knowles & Sullivan, LLC

Attorney for Petitioner

413 Broad Street

Gadsden, AL. 35901

256-547-7200

 

September 18, 25, and October 2, 2020

________________

NOTICE OF CREDITORS

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

 

THE ESTATE OF PATSY SHARPTON, Descendant

 

CASE NUMBER: S-11036

 

TAKE NOTICE that Letters of Administration having been granted to Jimmy Beason, as Administrator of the Estate of Patsy Sharpton, deceased, on the 24nd day of September, 2020, by the Honorable Scott Hassell, Judge of Probate.

 

NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.

 

Scott W. Hassll

Judge of Probate, Etowah County

 

Jimmy Beason,

Administrator of the Estate of Patsy Sharpton, deceased

 

September 18, 25, October 2, 2020

________________

NOTICE OF CREDITORS

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

 

THE ESTATE OF LYNETTE NORTON, Deceased

 

CASE NUMBER: S-11022

 

TAKE NOTICE that LETTERS OF TESTAMENTARY having been granted to Gary David Nichols, as Personal Representative of the Estate of Lynette Norton, on the 17th day of August, 2020, by the Honorable Scott Hassell, Judge of Probate, Etowah County, Alabama.

 

NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.

 

Jason Knowles,

Knowles and Sullivan, LLC.

Attorney for Petitioner

413 Broad Street

Gadsden, AL. 35901

256-547-7200

 

September 25,

October 2 and 9, 2020

 

NOTICE OF CIVIL ACTION TO QUIET TITLE TO REAL PROPERTY

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

 

DAVID LANCASTER,

PLAINTIFFS

 

CV-2020-54

 

A PARCEL OF LAND DESCRIBED AS

FOLLOWS:

 

LOT 13 IN GARRISON ESTATES AS

RECORDED IN PLAT BOOK “K”, PAGE 77,

PROBATE OFFICE, ETOWAH COUNTY,

ALABAMA; LYING AND BEING IN ETOWAH

COUNTY, ALABAMA.

 

and

 

DERWIN E. MINCE, deceased, his unknown heirs

and successors; DOROTHY MINCE; JEFFREY MINCE;

PENNY ONDO; DEBORAH GEARY; NEW SOUTH

FEDERAL SAVINGS BANK MANUFACTURED

HOUSING DIVISION; LPP MORTGAGE LTD;

INCLUDING ANY HEIRS OR DEVISEES OF THE

SAME AND THOSE WHOSE ADDRESSES ARE

UNKNOWN AND ANY AND ALL UNKNOWN PARTIES,

including any persons claiming any present

interest therein and including any persons

claiming any future, contingent, reversionary,

remainder, or other interest therein, who may

claim any interest in the above described property,

 

DEFENDANTS.

 

NOTICE ISSUED TO THE FOLLOWING DEFENDANTS: any and all unknown parties, including any persons claiming any present interest therein and including any persons claiming any future contingent, reversionary, reminder, or other interest therein, who may claim any interest in the above described real property:

 

LOT 13 IN GARRISON ESTATES AS RECORDED IN PLAT BOOK “K”, PAGE 77, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA; LYING AND BEING IN ETOWAH COUNTY, ALABAMA.

 

Please take notice that David Lancaster has filed an action in the Circuit Court of Etowah County seeking to quiet title to the above described property. The above named defendants, whose whereabouts are unknown, must answer said Complaint on or before October 26, 2020, or thereafter a judgment by default may be rendered against the said Defendants in Etowah County Circuit Court Case Number CV-2020-54.

 

Done this 1st day of September, 2020.

 

CASSANDRA “SAM” JOHNSON,

Clerk of the Court

 

  1. Lance Smith

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, PC.

Attorney for Plaintiffs,

  1. O. Box 129,

Gadsden, AL. 35902

 

September 18, 25, October 2 and 9, 2020

________________

RESOLUTION

  1. R-258-20

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that a structure located at

1301 ALABAMA STREET (County Records list as 1307 ALABAMA STREET) in District 3 in the City of Gadsden, more particularly described as:

Lot Number Forty-two (42) in Block Number (2) in Tallman Addition, according to map thereof recorded in Plat Book “A”, pages 258 and 259, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

 

Whereas, as required by the City Code, notice of a public hearing has been given to the State of Alabama, P.O. BOX 327210, Montgomery, AL, 1307 Alabama Street, Gadsden, AL, rights of redemption of Benjamin Montitus Porter, 1011 Spruce Street, Gadsden, AL.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on September 22, 2020

 

Iva Nelson, City Clerk

 

October 2, 2020

________________

RESOLUTION R-259-20

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that the property or condition located at 305 MISTLETOE HOLLOW ROAD in District 4 in the City of Gadsden, more particularly described as:

LEGAL DESCRIPITION: LT 23 BLK 1 MERIT HILLS EST UNIT 2 PLAT H-52 28-12-6 Tax ID#: 15-08-28-0-001-324.004

 

is a nuisance and ordered its abatement; and

Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to Michael James & WF Michelle L. Head, 305 Mistletoe Hollow Road, Gadsden, AL.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF GADSDEN, ALABAMA, as follows:

  1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.

Adopted by the City Council of Gadsden, Alabama, at a meeting held on September 22, 2020.

 

Iva Nelson, City Clerk

 

October 2, 2020

________________

RESOLUTION R-260-20

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that a structure located at

1909 JEFFERSON STREET in District 5 in the City of Gadsden, more particularly described as:

Lots One (1) and Two (2), Block (26) Twenty-Six, in the South Gadsden Addition, as same is recorded in Plat Book “B”, Page 314 and 315, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

 

Whereas, as required by the City Code, notice of a public hearing has been given to Dean Shaw and Teresa Shaw, 6015 Weaver Road, Apt. A6, Anniston, AL.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on September 22, 2020.

 

Iva Nelson, City Clerk

 

October 2, 2020

________________

RESOLUTION R-261-20

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that a structure located at

408 BRYAN STREET in District 6 in the City of Gadsden, more particularly described as:

Lot Number Seventeen (17), in Block Number Eleven (11), in Walnut Park, or West Point Second Addition, according to the map thereof as recorded in Plat Book “B”, Page 117, Probate Office, Etowah County, Alabama, and lying and being in Gadsden (formerly Alabama City), Etowah County, Alabama.

is a nuisance and ordered its abatement; and

 

Whereas, as required by the City Code, notice of a public hearing has been given to Christa Brown, 408 Bryan Street, Gadsden, AL.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on September 22, 2020.

 

Iva Nelson, City Clerk

 

October 2, 2020

________________

RESOLUTION R-262-20

 

Ordering Abatement of Nuisance

 

Whereas, the Building Official has determined that a structure located at

1318 ACTON STREET in District 7 in the City of Gadsden, more particularly described as:

Lots Numbers 12 and 13 in Block Number Two in Gibbs and Helton Addition to Alabama City (now Gadsden) Etowah County, Alabama, according to a resurvey of Lots Numbers 3, 4, and 5 of Clayton Addition to Alabama City, Alabama, together with all improvements located thereon.

is a nuisance and ordered its abatement; and

 

Whereas, as required by the City Code, notice of a public hearing has been given to The Estates of Thomas Clements and Lois Clements, potential heirs are Connie Atchley, and Debra Horne, Kermit L. Atchely and WF Connie E. Atchley, 1318 Acton Street, Gadsden, AL.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on September 22, 2020.

 

Iva Nelson, City Clerk

 

October 2, 2020

________________

NOTICE OF ADOPTION HEARING

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

 

IN RE: THE ADOPTION PETITION OF: M.B.W

 

CASE NO. A-1645

 

To: The unknown father of M.B.W., a minor.

 

WHEREABOUTS UNKNOWN

 

Please take notice that a petition for the adoption of the above names minor child who was born to Mary Regan Whisenant on or about January 24, 2019 has been filed in said Court. Please be advised that if you intent to contest this adoption you must file a written response with the attorney for the Petitioners named below and with the Clerk of the Probate Court of Etowah County, Alabama as soon as possible but no later than thirty (30) days from the last day this notice is published.

 

Attorney for Petitioner(s)

Lynn McCain

P.O. Box 1099

Gadsden, AL. 35902

 

September 18, 25, October 2 and 9, 2020

________________

PUBLICATION ON ADOPTION

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

 

In The Matter Of Adoption Petition of: M.A.J and B.R.J

 

CASE NO. A-1646

 

Notice to: Unknown Father

 

You will take notice that a Petition for Adoption of a child born of B.N.J., was filed on the 3rd day of September, 2020, alleging that the whereabouts of the natural father are unknown and said natural father has abandoned this child for a period of more than six months prior to the filing of the petition. Minor Child’s Birth date is 03/01/18

 

Please be advised that should you intend to contest this adaptation, you must file a written response within 30 days of the date of the last publication herein with Petitioner’s Adoption Attorney, Robert T. Noone, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, 800 Forrest Avenue, Gadsden, Alabama 35901.

 

Done this 14th day of September. 2020.

 

Attorney for Petitioner(s)

Robert T. Noone, Esq.

Adoption Attorney

P.O. Box 2425

Gadsden, AL. 35903

256-689-0565

 

September 18, 25, October 2 and 9, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900471-SJS

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$2,412.00 U.S. Currency,

 

DEFENDANT

In Re: Eric Bernard Lindsey, Jr.

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 13th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 14th day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

September 18, 25, October 2 and 9, 2020

 

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900404-CDR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$1,907.00 U.S. Currency,

 

DEFENDANT

In Re: Emmanuel Royer Pascual.

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 13th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 14th day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

September 18, 25, October 2 and 9, 2020

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900452-GCD

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$1,107.00 U.S. Currency,

Glock 22 40 Cal Pistol

Serial # AEDH948

 

DEFENDANT

In Re: Marc Andre Kerley Vaughan, Jr.

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY AND FIREARM:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency and property. You are hereby notified that you must answer said Complaint by the 13th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 15th day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

September 18, 25, October 2 and 9, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900472-CDR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$1,058.00 U.S. Currency,

Smith & Wesson Model 9 Pistol

Serial #FYN9204

 

DEFENDANT

In Re: William Harvey Roberts, Jr.

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the abovae described currency and property. You are hereby notified that you must answer said Complaint by the 13th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 13th day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

September 18, 25, October 2 and 9, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900521-WBO

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$1,359.00U.S. Currency,

Derringer .22 Revolver

Serial # Z15697

SCCY CPX2 9mm

Serial # 322689

 

DEFENDANT

In Re: James Leonard Duckett, Jr.

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY AND FIREARMS:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency and firearms. You are hereby notified that you must answer said Complaint by the 27th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency and property.

 

DONE this the 21st day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

September 25,

October 2, 9 and 16, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900539-WBO

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$1,100.00 U.S. Currency,

 

DEFENDANT

In Re: Harryko Charjuan Jackson

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 27th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 21st day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

September 25,

October 2, 9 and 16, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900545-GCD

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$5,091.00 U.S. Currency,

 

DEFENDANT

In Re: Charles Leonard Hamilton

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 27th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 21st day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

September 25,

October 2, 9 and 16, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900540-GCD

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$1,065.00 U.S. Currency,

 

DEFENDANT

In Re: Jerborey Lajuan Williams

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 27th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 21st day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

September 25,

October 2, 9 and 16, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900534-GCD

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

FMK AR15 223 Rifle

Serial # FMK36773

Springfield XD40 Pistol

Serial # GM116098

 

DEFENDANT

In Re: Jason Edwin Hermann

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED FIREARMS:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described firearms. You are hereby notified that you must answer said Complaint by the 27th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 21st day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

September 25,

October 2, 9 and 16, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900535-CDR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$2,371.00 U.S. Currency,

 

DEFENDANT

In Re: Cedric Deshone Smith, Jr.

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 27th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 24th day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

October 2, 9, 16 and 23, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900523-CDR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$256.00 U.S. Currency,

Mossberg 590 12 Gauge

Serial # V0859873

Fostech AR-15 Pistol

Serial # FT0001985

Spingfield Hellcat

Serial # BY165438

Taurus Judge

Serial # MS574448

 

DEFENDANT

In Re: Christian Tyler Moore

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY AND FIREARMS:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency and firearms. You are hereby notified that you must answer said Complaint by the 27th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 24th day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

October 2, 9, 16 and 23, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900538-SJS

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$1,355.00 U.S. Currency,

FNS 40 Caliber Pistol

Serial # GKU0079038,

SCCY 9mm Pistol

Serial # 251354

 

DEFENDANT

In Re: Harryko Jackson

Jerborey Williams

Braxton Dowdy

Meleah Johnson

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY AND FIREARMS:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency and firearms. You are hereby notified that you must answer said Complaint by the 27th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 24th day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

October 2, 9, 16 and 23, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900520-SJS

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$1,430.00 U.S. Currency,

 

DEFENDANT

In Re: Larry Christopher Alldredge

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 27th day of November 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 24th day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

October 2, 9, 16 and 23, 2020

________________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

 

CASE NO: CV-20-900551-CDR

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

 

PLAINTIFF

VS.

$806.00 U.S. Currency,

Glock 27 40 Cal. Pistol

Serial # HSA227

 

DEFENDANT

In Re: Ronald Dean Gray

 

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY AND FIREARMS:

 

WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 4th day of December 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

 

DONE this the 25th day of September 2020

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

October 2, 9, 16 and 23, 2020

 

_______________

SERVICE BY PUBLICATION

 

SUIT TO QUIET TITLE by Dollie P. Brown and the Leola P. Gladden has been filed in the Circuit Court, Etowah County Case No.: CV-20-900397 styled Dollie P. Brown, et als vs. Angela Baswell Chamblee; Wes Hagood; Alton Baswell, Jr., the unknown heirs and next of kin of Frank Pruitt and Ola Pruitt, and all other persons, firms, and corporations, claiming any present, future, contingent, remainder, reversion, or other interest in the following real estate:

 

A parcel of land located in the SE1/4 of the SW ¼ Section 28, Township 10 South, Range 7 East, as described in Instrument Number 3336293, Probate Office Etowah County, Alabama.

 

You are names as a defendant. You are hereby commanded and directed to file with the Clerk of the Circuit Court an answer to the complaint within 30 days after the last publication of this notice, or default judgment may be entered against you.

 

This 3rd day of September 2020.

 

Cassandra Johnson

Circuit Clerk

 

Jack Floyd, Esquire

Floyd Law Firm, LLC

Attorney for Petitioners

808 Chestnut Street

Gadsden, AL. 35901

256-547-6328

 

September 11, 18, 25 and October 2, 2020

________________

NOTICE OF SUMMONS

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

 

JESSE NICOLAS TINSLEY, PLAINTIFF

 

VS.

 

MARY ALICE TINSLEY

 

CASE NO: DR-2020-900245-GCD

 

TO: MARY ALICE TINSLEY

 

You are hereby notified that a Complaint against you has been filed in the Circuit Court of Etowah County, Alabama in Case Number: DR-2020-900245-GCD.

 

You are hereby commanded and required to file with the Clerk of Court, and to serve upon the Plaintiff’s attorney, an answer to the Compliant within 30 days after this last publication of this notice, or default judgment will be entered against you.

 

Dated this the 28th day of August, 2020.

 

Cassandra Johnson,

Circuit Clerk

 

John D. Floyd, Esquire

Floyd Law Firm, LLC.

Attorney for Plaintiff

808 Chestnut Street

Gadsden, AL. 35901

256-547-6328

 

September 11, 18, 25, and October 2, 2020

________________

PUBLICATION NOTICE

 

THOMAS BLAKE WHITE, whose whereabouts are unknown, must answer the Petition of KRISTEN MICHELLE WHITE filed in the Circuit Court of Etowah County, Alabama. Please be advised that if you intend to contest this matter you must file a written response within thirty (30) days hereof with counsel for said Kristen Michelle White whose name and address are shown below and with the Clerk of said Circuit Court, or thereafter a judgment for default may be rendered against you in Civil Action Number DR-2020-900157.00, pending in Circuit Court of Etowah County, Alabama.

 

Jacob A. Millican

Attorney for Petitioner

827 Chestnut Street

Gadsden, AL. 35901

256-547-3221

 

September 18, 25, October 2 and 9, 2020

_______________

NOTICE OF PUBLICATION

 

IN RE: THE MATTER OF T.S.

A minor,

 

CASE NO: NO: JU-15-059.03-JFN

 

TO: Johnathan Mack Stephens, whose whereabouts are unknown and party to this suit;

 

IT IS THEREFORE ORDERED, by the undersigned Register that publication of this Notice be made in The Messenger, a newspaper published and having a general circulation in Etowah County, Alabama, once a week for four consecutive weeks and that all those to whom this notice is addressed be and they are hereby required to pled to or answer the complaint in this cause within the time required by law.

 

Done this the 8th day or September 2020.

 

Cassandra “Sam” Johnson, Clerk

 

Thomas A King

Attorney for Petitioners

128 South 8th Street

Gadsden, AL. 35901

256-547-1117

office@alalegal.com

 

September 11, 18, 25 and October 2, 2020

_______________

NOTICE OF PUBLICATION

 

IN THE CIRCUIT COURT OF ETOWH COUNTY, ALABAMA

 

CASE NO: DR-2018-900405

 

CHARILE CASELBERRY, PLAINTIFF

 

VS

 

CYNTHIA DIANE CASELBERRY, DEFENDANT

 

Defendant, Cynthia Diane Caselberry, is hereby notified that Charile Caselberry has filed in the Circuit Court for Etowah County, Alabama, a complaint with style of said action being identified as Civil Action No. DR.2018-900405. The above names person is hereby notified that she must file an answer to said complaint in the identified civil action on or before the 2nd day of November 2020 or thereafter, a judgment by default may be rendered against her in said Civil Action No. DR-2018-900405.

 

Dated: September 4, 2020.

 

Cassandra Johnson,

Clerk, Etowah County Circuit Court

 

Matthew P. Skelton, Esq.

Attorney at Law

235 Broad Street

Gadsden, AL. 35901

256-546-1656

 

September 11, 18, 25, and October 2, 2020

________________

LEGAL NOTICE

 

The following storage units will be auctioned on October 8, 2020 beginning at 10:00 AM on the business premises of Southtown Mini Warehouse. Southtown is located at 199 Woodland Drive, off of Steele Station Road in Rainbow City, Alabama.

 

James Alexander – Unit 495

Nancy McClain – Unit 139

Crystal Mackin Looney – Unit 256 & 444

Yolanda Burroughs – Unit 321

Eboni Marbury – Unit 540

Tera Coleman – Unit 564

David Pesnell – Unit 28-5B

Jordan Miller – Unit 657

Marcia Hardney – Unit 24C

Ja Rod Brock – Unit 153

Tyler Kirchner – Unit 515

Sharon Knight – Unit 549

Pinky Prewitt – Unit 569 & 618

Justin Crozier – Unit K-2

 

Southtown Mini Warehouse

199 Woodland Drive

Rainbow City, AL. 35906

256-442-1951

 

September 25 and October 2, 2020

_______________

NOTICE OF VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 10/30/2020.

 

1997 NISSAN SENTRA

VIN: 1N4AB41D7VC740048

 

2013 MINI COOPER HARDTOP

VIN: WMWSU3C57DT681717

 

Thacker Towing

927 5th Ave. NE

Attalla, AL. 35954

256-546-9994

 

September 25 and October 2, 2020

_______________

NOTICE OF VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 10/28/2020.

 

1999 Dodge Durango

VIN: 1B4HS28Y5XF668321

 

2017 WABASH TRAILER

1JJV532D8HL902809

 

ER Towing & Recovery

1733 Forrest Avenue

Gadsden, AL 35901

(256) 547-1549

 

September 25 and October 2, 2020

_______________

NOTICE OF VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 11/07/2020.

 

2000 Mitsubishi Galant

VIN: 4A3AA4 6G8VE164556

 

Morgan Auto Sales

3304 Forrest Ave

Gadsden, AL. 35904

256-226-4376

 

October 2 and 9, 2020

_____________

NOTICE OF VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 11/06/2020.

 

2009 Chevrolet Malibu

VIN: 1G1 ZG57B694160955

 

Thacker Towing

927 5th Avenue NE

Attalla, AL 35954

(256) 546-9994

 

October 2 and 9, 2020

________________

STATE OF ALABAMAPROCLAMATIONBY THE GOVERNOR

 

WHEREAS the Alabama Legislature at its 2019 Regular Session enacted Act No. 2019-330 (SB 313), Act No. 2019-187 (SB 216), Act No. 2019-346 (HB 505), Act No. 2019-271 (HB 328), Act No. 2019-194 (HB 536), and Act No. 2019-193 (HB 461), proposing amendments to the Constitution of Alabama of 1901;

WHEREAS, in conformity with Section 284 of the Constitution of Alabama of 1901, as amended, the Legislature has ordered an election by the qualified electors of the state upon such proposed amendments; and

WHEREAS notice of this election, together with the proposed amendments, is required by law to be given by proclamation of the Governor, which shall be published once a week for at least four successive weeks immediately preceding the day appointed for the election;

   NOW, THEREFORE, I, Kay Ivey, as Governor of the State of Alabama, do hereby give notice, direct, and proclaim that on Tuesday, November 3, 2020, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendments to the Constitution of 1901 of the State of Alabama:

AMENDMENT PROPOSED BY ACT NO. 2019-330

Article VIII of the Constitution of Alabama of 1901, as amended, now appearing as Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is amended to read as follows:

ARTICLE VIII.

“SUFFRAGE AND ELECTIONS.

“(a) Every Only a citizen of the United States who has attained the age of eighteen years and has resided in this state and in a county thereof for the time provided by law, if registered as provided by law, shall have the right to vote in the county of his or her residence. The Legislature may prescribe reasonable and nondiscriminatory requirements as prerequisites to registration for voting. The Legislature shall, by statute, prescribe a procedure by which eligible citizens can register to vote.

“(b) No person convicted of a felony involving moral turpitude, or who is mentally incompetent, shall be qualified to vote until restoration of civil and political rights or removal of disability.

“(c) The Legislature shall by law provide for the registration of voters, absentee voting, secrecy in voting, the administration of elections, and the nomination of candidates.”

AMENDMENT PROPOSED BY ACT NO. 2019-187

(a) The following amendments to the Constitution of Alabama of 1901 are repealed:

(1) Amendment 580 of the Constitution of Alabama of 1901, now appearing as Section 158 of the Official Recompilation of the Constitution of Alabama of 1901, as amended

(2) Section 6.21 of Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 161 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

(3) Amendment 226 of the Constitution of Alabama of 1901, now appearing as Section 162 of the Official Recompilation of the Constitution of Alabama of 1901, as amended

(b) Section 6.05 of Amendment 328; Section 6.09 of Amendment 328, as further amended by Amendment 426; Sections 6.10, 6.12, 6.14, and 6.16 of Amendment 328; Sections 6.17 and 6.18 of Amendment 328, as amended by Amendment 581; Sections 6.19 and 6.20 of Amendment 328, and Sections 173 and 174 of the Constitution of Alabama of 1901, now appearing as Sections 143, 148, 149, 151, 153, 155, 156, 157, 159, 160, 162, 173, and 174 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, are amended to read as follows:

“Amendment 328.

“Section 6.05.

(a) The district court shall be a court of limited jurisdiction and shall exercise uniform original jurisdiction in such cases, and within such the geographical boundaries, as shall be prescribed by law,; provided, that the district court shall hold court in each county seat and at such other places as prescribed by law.

(b) The district court shall have jurisdiction of all cases arising under ordinances of municipalities in which there is no municipal court and shall hold court in each incorporated municipality of a population of 1000 or more where there is no municipal court at places prescribed by law.

“Amendment 328, as amended by Amendment 426.

“Section 6.09.

“(a) A state judicial compensation commission is hereby created which shall recommend the salary and expense allowances to be paid from the state treasury State Treasury for all the judges of this state, except for judges of the probate court. The commission shall consist of five members;: one One shall be appointed by the governor Governor, one by the president President of the senate Senate, one by the speaker Speaker of the house House, and two by the governing body of the Alabama state bar State Bar.

“(b) Members of the judicial compensation commission shall serve for terms of four years. Any vacancy on the commission shall be filled in the same manner in which such the position was originally filled. The legislature Legislature shall appropriate sufficient funds for the expenses of the commission.

“(c) No member of the commission shall hold any other public office, or office in any political party, and no member of the commission shall be eligible for appointment to a state judicial office so long as he or she is a member of the commission and for two years thereafter.

“(d) The commission may submit a report to the legislature Legislature at any time within the first five calendar days of any session. The recommendations of the commission shall become law upon confirmation by a joint resolution or such recommendations may be altered by an act of the legislature Legislature at the session to which the report is submitted. The compensation of a judge shall not be diminished during his or her official term.

“Amendment 328.

“Section 6.10.

(a) The chief justice Chief Justice of the supreme court Supreme Court shall be the administrative head of the judicial system. He shall appoint an administrative director of courts and other needed personnel to assist him with his administrative tasks. The Supreme Court shall appoint an Administrative Director of Courts according to procedures provided by general law. The Administrative Director of Courts shall assist the Chief Justice with his or her administrative tasks. The chief justice Chief Justice may assign appellate justices and judges to any appellate court for temporary service and may assign trial judges, supernumerary justices and judges, and retired trial judges and retired appellate judges for temporary service in any court.

(b) The Legislature shall provide adequate Adequate and reasonable financing for the entire unified judicial system shall be provided. Adequate and reasonable appropriations shall be made by the legislature Legislature for the entire unified judicial system, exclusive of probate courts and municipal courts. The legislature Legislature shall receive recommendations for appropriations for the trial courts from the administrative director of courts Administrative Director of Courts and for the appellate courts from each such court. The Legislature shall establish procedures for the appointment of the Administrative Director of Courts.

“Amendment 328.

“Section 6.12.

“(a) The supreme court Supreme Court shall establish criteria for determining the number and boundaries of judicial circuits and districts, and the number of judges needed in each circuit and district. If the supreme court Supreme Court finds that a need exists for increasing or decreasing the number of circuit or district judges, or for changing the boundaries of judicial circuits or districts, it shall, at the beginning of any session of the legislature Legislature, the court shall certify its findings and recommendations to the legislature Legislature.

“(b) If a bill is introduced at any session of the legislature Legislature to increase or decrease the number of circuit or district judges, or to change the boundaries of any judicial circuit or district, the supreme court Supreme Court must, within three weeks, shall report to the legislature Legislature its recommendations on the proposed change. No change shall be made in the number of circuit or district judges, or the boundaries of any judicial circuit or district, unless authorized by an act adopted after the recommendation of the supreme court Supreme Court on such proposal has been filed with the legislature Legislature.

“(c) An act decreasing the number of circuit or district judges shall not affect the right of any judge to hold his or her office for his or her full term.

“Amendment 328.

“Section 6.14.

“The office of a judge shall be vacant if he or she dies, resigns, retires, or is removed. Vacancies in any judicial office shall be filled by appointment by the governor ; however, vacancies occurring in any judicial office in Jefferson county shall be filled as now provided by amendments 83 and 110 to the Constitution of Alabama of 1901 [Jefferson County §§ 8 and 9] and vacancies occurring in Shelby, Madison, Wilcox, Monroe, Conecuh, Clarke, Washington, Henry, Etowah, Walker, Tallapoosa, Pickens, Greene, Tuscaloosa, St. Clair county shall be filled as provided in the Constitution of 1901 with amendments now or hereafter adopted, or as may be otherwise established by a properly advertised and enacted local law Governor, except as specified by a separate local constitutional amendment now existing or hereafter adopted that affects only one county or a political subdivision within one or more counties. A judge, other than a probate judge, appointed to fill a vacancy, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he or she has completed one year in office. At such election, such judicial office shall be filled for a full term of office beginning at the end of the appointed term.

“Amendment 328.

“Section 6.16.

The legislature Legislature shall provide by law for the retirement of judges, including supernumerary judges, with such conditions, retirement benefits, and pensions for them the judges and their dependents as it the Legislature may prescribe. No person shall be elected or appointed to a judicial office after reaching the age of seventy 70 years, provided that a judge over the age of seventy 70 years may be appointed to the office of supernumerary judge if he or she is not eligible to receive state judicial retirement benefits.

“Amendment 328, as amended by Amendment 581.

“Section 6.17.

“(a) A Judicial Inquiry Commission is created consisting of nine 11 members. The Supreme Court shall appoint one appellate judge who shall not be a Justice on the Supreme Court; the Circuit Judges’ Association shall appoint two judges of the circuit court; the Governor shall appoint three persons who are not lawyers, who shall be subject to Senate confirmation before serving; the Lieutenant Governor shall appoint one district judge who shall be subject to Senate confirmation the District Judges’ Association shall appoint one judge of the district court; the Probate Judges’ Association shall appoint one judge of the probate court; the Municipal Judges’ Association organized under the Alabama League of Municipalities shall appoint one judge of the municipal court; and the governing body of the Alabama State Bar shall appoint two members of the state bar to serve as members of the commission. The nominating authorities shall make every effort to coordinate their appointments to assure commission membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state without regard to political affiliation. Provided, however, that on January 1, 2005, the appointment authority granted to the Lieutenant Governor shall revert to the Governor and the Governor shall thereafter be entitled to appoint three persons who are not lawyers and one district judge, all subject to Senate confirmation. The commission shall select its own chair. The terms of the members of the commission shall be four years and each member may serve no more than two consecutive terms. A vacancy on the commission shall be filled for a full term in the manner the original appointment was made.

“(b) The commission shall be convened permanently with authority to conduct investigations and receive or initiate complaints concerning any judge of a court of the judicial system of this state. The commission shall file a complaint with the Court of the Judiciary in the event that a majority of the members of the commission decide that a reasonable basis exists, (1) to charge a judge with violation of any Canon of Judicial Ethics, misconduct in office, or failure to perform his or her duties, or (2) to charge that the judge is physically or mentally unable to perform his or her duties. All proceedings of the commission shall be confidential except the filing of a complaint with the Court of the Judiciary. The commission shall prosecute the complaints.

“(c) The Supreme Court shall adopt rules governing the procedures of the commission.

“(d) The commission shall have subpoena power and authority to appoint and direct its staff. Members of the commission who are not judges shall receive per diem compensation and necessary expenses; members who are judges shall receive necessary expenses only. The Legislature shall appropriate funds for the operation of the commission.

“Amendment 328, as amended by Amendment 581.

“Section 6.18.

“(a) The Court of the Judiciary is created consisting of one judge of an appellate court, other than the Supreme Court, who shall be selected by the Supreme Court and shall serve as Chief Judge of the Court of the Judiciary; two judges of the circuit court, who shall be selected by the Circuit Judges’ Association; and one district judge of the district court, who shall be selected by the District Judges’ Association. Other members of the Court of the Judiciary shall consist of two members of the state bar, who shall be selected by the governing body of the Alabama State Bar; two and three persons who are not lawyers, who shall be appointed by the Governor; and one person appointed by the Lieutenant Governor. The nominating authorities shall make every effort to coordinate their appointments to assure court membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state without regard to political affiliation. Members appointed by the Governor and Lieutenant Governor shall be subject to Senate confirmation before serving. Provided, however, that on January 1, 2005, the appointment authority granted to the Lieutenant Governor shall revert to the Governor and the Governor shall thereafter be entitled to appoint three persons who are not lawyers, subject to Senate confirmation. The court shall be convened to hear complaints filed by the Judicial Inquiry Commission. The court shall have authority, after notice and public hearing, to do either of the following:

(1) to remove Remove from office, suspend, with or without pay, or censure a judge, or apply such any other sanction as may be prescribed by law, for a violation of a Canon of Judicial Ethics, misconduct in office, or failure to perform his or her duties,.

(2) to suspend Suspend, with or without pay, or to retire a judge who is physically or mentally unable to perform his or her duties.

“(b) A judge aggrieved by a decision of the Court of the Judiciary may appeal to the Supreme Court. The Supreme Court shall review the record of the proceedings on the law and the facts.

“(c) The Supreme Court shall adopt rules governing the procedures of the Court of the Judiciary.

“(d) The Court of the Judiciary shall have power to may issue subpoenas. The Legislature shall provide by law for the expenses of the court.

“Amendment 328.

“Section 6.19.

(a) A judge shall be disqualified from acting as a judge, without loss of salary, while there is pending in either of the following circumstances:

“(1) an An indictment or an information charging him or her in the United States with a crime punishable as a felony under a state or federal law, or is pending.

“(2) a A complaint against him filed by the judicial inquiry commission with the court of the judiciary. or her recommending disqualification adopted by a two-thirds vote of the Judicial Inquiry Commission is pending with the Court of the Judiciary and both of the following conditions are met:

a. The complaint alleges the judge is physically or mentally unable to perform his or her judicial duties or poses a substantial threat of serious harm to the public or the administration of justice.

b. The recommendation of disqualification is approved by the Chief Judge of the Court of the Judiciary.

(b) A judge who is suspended pursuant to subdivision (2) of subsection (a) shall have the opportunity to request a review of the suspension pursuant to rules of procedure adopted by the Supreme Court to govern the Court of the Judiciary.

“Amendment 328.

“Section 6.20.

“(a) A district attorney for each judicial circuit shall be elected by the qualified electors of those counties in such circuit. Such The district attorney shall be licensed to practice law in this state and shall, at the time of his or her election and during his or her continuance in office, shall reside in his or her circuit. His The term of office shall be for six years and he or she shall receive such compensation as provided by law. Vacancies in the office of district attorney and in his or her staff shall be filled as provided by law.

“(b) Clerks of the circuit courts shall be elected by the qualified electors in each county for a term of six years. If the office of register in chancery continues to be provided by law, then the clerk of the circuit court may also fill such office in a manner prescribed by law. Vacancies in the office of clerk of the circuit court shall be filled by the judge or judges of the circuit court who have jurisdiction over the county in which the office of clerk of the circuit court is located.

(c) Persons elected to the position of constable to assist the courts of the state as provided by law shall be subject to the same restrictions, rights and limitations as are specified in section 280 of the Constitution of 1901, and no law shall prohibit the receipt of fees for the performance of official duties of said position while holding any other elected or appointed office.

(d) (c) The revenue from fines, forfeitures, and court costs produced in district courts from the exercise of jurisdiction under municipal ordinances shall be apportioned between the municipality and the state as shall be provided by law.

“Section 173.

“(a) The Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, members of the State Board of Education, and Commissioner of Agriculture and Industries, and justices of the supreme court may be removed from office for willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties for any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith.

“(b) The House of Representatives shall present articles or charges of impeachment against those persons identified in subsection (a), specifying the cause to the Senate.

“(c) The Senate, sitting as a court of impeachment, shall take testimony under oath on articles or charges preferred by the House of Representatives.

“(d) The Lieutenant Governor shall preside over the Senate when sitting as a court of impeachment, provided, however, that if the Governor or Lieutenant Governor is impeached, the Chief Justice, or if the Chief Justice be absent or disqualified, then one of the associate justices of the supreme court, to be selected by the court, shall preside over the Senate when sitting as a court of impeachment. No person may be convicted by the Senate sitting as a court of impeachment without the concurrence of two-thirds of the members present.

“(e) If at any time when the Legislature is not in session, a majority of all the members elected to the House of Representatives shall certify in writing to the Secretary of State their desire to meet to consider the impeachment of the Governor, Lieutenant Governor, or other officer administering the office of Governor, it shall be the duty of the Secretary of State immediately to notify the Speaker of the House who, within 10 days after receipt of the notice, shall summon the members of the House to assemble at the capitol on a day to be fixed by the Speaker, but not later than 15 days after receipt of the notice by the Speaker from the Secretary of State, to consider the impeachment of the Governor, Lieutenant Governor, or other officer administering the office of Governor.

“(f) If the House of Representatives prefers articles of impeachment, the Speaker of the House shall forthwith notify the Lieutenant Governor, unless he or she is the officer impeached, in which event the President Pro Tempore of the Senate shall be notified, who shall summon the members of the Senate to assemble at the capitol on a specified day not later than 10 days after receipt of the notice from the Speaker of the House, for the purpose of hearing and trying the articles of impeachment against the Governor, Lieutenant Governor, or other officer administering the office of Governor, as may be preferred by the House of Representatives.

“Section 174.

The judges of the district and circuit courts, judges of the probate courts, and judges of other courts from which an appeal may be taken directly to the supreme court, district District attorneys, and sheriffs, may be removed from office for any of the causes specified in Section 173 or elsewhere in this constitution, by the supreme court, or under such regulations as may be prescribed by rule of the Supreme Court of Alabama or law. The Legislature may provide for the impeachment or removal of other officers than those named in this article.”

AMENDMENT PRPOSED BY ACT NO. 2019-346

Section 6.14 of Amendment 328 of the Constitution of Alabama of 1901, is amended to read as follows:

“6.14. Vacancies in judicial office.

“The office of a judge shall be vacant if he dies, resigns, retires, or is removed. Vacancies in any judicial office shall be filled by appointment by the governor; however, except for the provisions for the initial term of a judge appointed to fill a vacancy as provided herein, vacancies occurring in any judicial office in Jefferson county shall be filled as now provided by amendments 83 and 110 to the Constitution of Alabama of 1901 and vacancies occurring in Shelby, Madison, Wilcox, Monroe, Conecuh, Clarke, Washington, Henry, Etowah, Walker, Tallapoosa, Pickens, Greene, Tuscaloosa, St. Clair county shall be filled as provided in the Constitution of 1901 with amendments now or hereafter adopted, or as may be otherwise established by a properly advertised and enacted local law. A Notwithstanding any other provision of any amendment to this Constitution, a judge, other than a probate judge, appointed to fill a vacancy, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he has completed one year two years in office or the remainder of the original term of the judge elected to the office which is vacant, whichever is longer. At such the election such the judicial office shall be filled for a full term of office beginning at the end of the appointed term.”

AMENDMENT PROPOSED BY ACT NO. 2019-271

The Legislature, upon the recommendation of the Director of the Legislative Services Agency through a proposed draft, may arrange this constitution, as amended, in proper articles, parts, and sections removing all racist language, delete duplicative and repealed provisions, consolidate provisions regarding economic development, arrange all local amendments by county of application during the 2022 Regular Session of the Legislature, and make no other changes. The draft and arrangement, when approved by a three-fifths vote of each house of the Legislature, through joint resolution, shall be submitted to the voters pursuant to Amendment 714 of the Constitution of Alabama of 1901, now appearing as Section 286.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, except that the text of the proposed constitution shall be published on the website of the Secretary of State and shall be made available, without cost, to any agency of the state or a municipality or county in the state that operates a public access website for publication on the website. The Constitution of Alabama, with the amendments made thereto, in accordance with this amendment, once approved by the voters, shall be the supreme law of the state.

 

AMENDMENT PROPOSED BY ACT NO. 2019-194

(a) This amendment shall apply only in Franklin County.

(b) The following definitions are applicable to this amendment:

(1) CHURCH. A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.

(2) DEADLY PHYSICAL FORCE. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(3) FORCE. Physical action or threat against another, including confinement.

(4) PREMISES. The term includes any building, as defined in this section, and any real property.

(c) A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person, if the person reasonably believes that another person is using or about to use physical force against an employee, volunteer, member of a church, or any other person authorized to be on the premises of the church when the church is open or closed to the public while committing or attempting to commit a crime involving death, serious physical injury, robbery in the first degree, or kidnapping in the first degree.

(d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground.

(e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A-3-21, Code of Alabama 1975.

(f)(1) Prior to the commencement of a trial in a case in which a defense is claimed under this amendment, the court having jurisdiction over the case, upon motion of the defendant, shall conduct a pretrial hearing to determine whether deadly force, used by the defendant was justified or whether it was unlawful under this amendment. During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution.

(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.

(3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.

(f) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (b), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force used was unlawful.

AMENDMENT PROPOSED BY ACT NO. 2019-193

(a) This amendment shall apply only in Lauderdale County.

(b) The following definitions are applicable to this amendment:

(1) CHURCH. A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.

(2) DEADLY PHYSICAL FORCE. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(3) FORCE. Physical action or threat against another, including confinement.

(4) PREMISES. The term includes any building, as defined in this section, and any real property.

(c) A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person, if the person reasonably believes that another person is using or about to use physical force against an employee, volunteer, member of a church, or any other person authorized to be on the premises of the church when the church is open or closed to the public while committing or attempting to commit a crime involving death, serious physical injury, robbery in the first degree, or kidnapping in the first degree.

(d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground.

(e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A-3-21, Code of Alabama 1975.

(f)(1) Prior to the commencement of a trial in a case in which a defense is claimed under this amendment, the court having jurisdiction over the case, upon motion of the defendant, shall conduct a pretrial hearing to determine whether deadly force, used by the defendant was justified or whether it was unlawful under this amendment. During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution.

(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.

(3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.

(f) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (b), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force used was unlawful.

 

FURTHER, I proclaim and direct that this proclamation shall be published once a week for the four successive weeks immediately preceding Tuesday, November 3, 2020, in every county as required by law.

 

Kay Ivy,

Governor

 

October 2, 9, 16 and 23, 2020