The champion newspaper. (Decatur, GA) 19??-current, March 07, 2024, Image 43

Georgia Historic Newspapers

The champion newspaper., March 07, 2024, Image 43

About The champion newspaper. (Decatur, GA) 19??-current | View Entire Issue (March 7, 2024)

Page of 76

Prev Issue Next Issue

Text PDF JP2 (1.8 MB) Clip/Print Image

Page of 76

Prev Issue Next Issue

Return to Top

Newspaper Page TextTHE CHAMPION LEGAL SECTION, THURSDAY, MARCH 7- 13, 2024 Page 43 sion, money-had-and-received, violation of Georgia’s Civil RICO Act, civil conspiracy, at torney’s fees and litigation ex penses, and punitive damages. You are required to file with the Clerk of Superior Court, and to serve upon the plaintiff’s attor ney, whose name and address is: Winston A. Denmark, Esq., of Denmark Ashby LLC, 100 Hartsfield Center Parkway, Suite 400, Atlanta, Georgia 30354, an Answer in writing within sixty (60) days of the date of the order of publica tion. Witness, the Honorable Shon- deana C. Morris, Judge, Super ior Court of DeKalb County, Georgia. This the 16TH day of JANU ARY, 2024. Debra DeBerry Clerk, Superior Court 350-483065 2/29,3/7,3/14,3/21 NOTICE OF PUBLICATION In the Superior Court of DeKalb County State of Georgia Civil Action No.# ++23FM8248++ Jameelah Wharton Plaintiff vs. Joseph Fernandez Defendant To: Joseph Fernandez 639 Woodstone Rd. Lithonia, GA 30058 By Order of the Court for ser vice by publication dated Feb ruary 9, 2024. You are hereby notified that on September 14, 2023, the above-named Plaintiff filed suit against you for: Post Judgment. You are required to file with the Clerk of Superior Court, and to serve upon the plaintiff or plaintiffs attorney whose name and address is: Jameelah Wharton, 5138E Ponce de Le on Ave., Stone Mountain, GA 30083 an Answer in writing within sixty (60) days of the date of the Order of Publica tion. Witness the Honorable Dear Jackson, Latisha Judge of the DeKalb Superior Court. This the 15th day of February. 2024. Debra DeBerry Clerk of Superior Court 556 N. McDonough Street G-130 Annex Decatur, GA. 30030-3358 350-483066 2/29,3/7,3/14,3/21 NOTICE OF PUBLICATION In the State Court of DeKalb County State of Georgia Civil Action Number ++23A05785-7++ Angela N. Smith, Plaintiff vs. Jeremy A. Gailor, Defendant To: Jeremy A. Gailor Address Unknown By Order for service by public ation dated the 5th day of Feb ruary 2024, you are hereby no tified that on the 11th day of December, 2023, Angela N. Smith filed suit against you for TBA principal, TBA interest, and TBA attorney's fees. You are required to file with the Clerk of the State Court, and to serve upon plaintiffs at torney, Michael G. Webb, an Answer in writing within sixty (60) days of the date of the Or der for Publication. Witness the Honorable KIMBERLY A. ALEXANDER, Judge of this State Court. This the 9th day of February, 2024. Kimberly Brock, Clerk State Court of DeKalb County By: Johnette L. Henderson Deputy Clerk For: State Court of DeKalb County DeKalb County Courthouse 556 N. McDonough Street Decatur, Georgia 30030 350-483067 2/29,3/7,3/14,3/21 NOTICE OF PUBLICATION In the State Court of DeKalb County State of Georgia Civil Action Number ++23A05963-6++ To: Patrick Younger 4373 Southvale Drive Decatur, Georgia 30034 Maria Cortez De Gomez, Jose Gomez Cortez, and Jaime Gomez vs. Patrick Younger, By Order for service by public ation dated 13th day of Febru ary 2024, you are hereby noti fied that on 19th day of Decem ber, 2023, Maria Cortez de Gomez, Jose Gomez Cortez, and Jaime Gomez filed suit against you for TBD principal, TBD interest, and TBD attor ney's fees. You are required to file with the Clerk of the State Court, and to serve upon plaintiffs at torney, Drew Gilliland, an An swer in writing within sixty (60) days of the date of the Order for Publication. Witness the Honorable Ana Maria Martinez, Judge of this State Court. This the 14th day of February, 2024. Kimberly Brock, Clerk State Court of DeKalb County By: Kelly M. Johnson Deputy Clerk For: State Court of DeKalb County DeKalb County Courthouse 556 N. McDonough Street Decatur, Georgia 30030 350-483278 2/29,3/7,3/14,3/21 IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA STATE OF GEORGIA Plaintiff, vs. Fifty-eight thousand eight hun dred sixty dollars ($58,731.00) in U. S. currency; One (1) 2004 black Lexus R X 3 3 0 , V I N : JTJGA31U840006730 (est, value $2,500.00); One (1) Brecknell digital scale (est. value $9.00); One (1) DigitZ digital scale (est. value $3.00); One (1) FoodSaver vacuum sealer (est. value $25.00); ) One (1) resealable plastic bag gies (est. value $20.00); Defendants, in rem. CIVIL ACTION FILE NO. ++23CV5287++ VERIFIED COMPLAINT FOR FORFEITURE Plaintiff, the State of Georgia, by and through Sherry Boston, District Attorney of the Stone Mountain Judicial Circuit, hereby brings this Complaint for Forfeiture pursuant to O.C.G.A. § 9-16-12, and shows the Court the following: PARTIES, JURISDICTION, AND VENUE 1. The Court has subject matter jurisdiction over this action, and this Court is the proper venue. 2. The Defendant in rem property (hereinafter “Defendant Prop erty”) sought to be forfeited is described as follows: a) Fifty-eight thousand eight hundred sixty dollars ($58,731.00) in U. S. currency; b) One (1) 2004 black Lexus R X 3 3 0 , V I N : JTJGA31U840006730 (est. value $2,500.00); c) One (1) Brecknell digital scale (est. value $9.00); d) One (1) DigitZ digital scale (est. value $3.00); e) One (1) Samsung QLED 75- i n c h TV S / N : 09CW3CCN701714 (est. value $750.00); f) One (1) Samsung QLED 82- i n c h TV S / N ; 086P3CAN700120 (est. value $1,350.00); g) One (1) FoodSaver vacuum sealer (est. value $25.00); h) One (1) resealable plastic baggies (est. value $20.00). 3. Names and addresses of all known purported owners of the defendant property are as fol lows: Kwane R. Minefield, 2917 Gre sham Road, Atlanta, GA 30316; Kwane R. Minnifield, 5660 Old Bill Cook Road, Atlanta, GA 30349. SEIZURE 4. The Defendant Property in paragraph two was seized by Detective E.J. George #2858 of the DeKalb County Police De partment, pursuant to lawful au thority, on March 2, 2023, dur ing a search warrant at 2917 Gresham Road, Atlanta, DeKalb County, Georgia. 5. The Dekalb County Police De partment reported the fact of the seizure in writing on March 28, 2023, which is within thirty days of the seizure. 6. The Defendant Property is in the custody or control of the DeKalb County Police Depart ment or the DeKalb County Po lice Department Seizure Ac count with Truist Bank and loc ated in and within DeKalb County, Georgia, and subject to the jurisdiction of this Court. FACTUAL BACKGROUND 7. On October 26, 2023, Dekalb HIDTA Detective initiated an in vestigation on Kwane Minnifield, based on informa tion that he was distributing large amounts of marijuana in the Atlanta/DeKalb metro area. On January 10, 2023, the DeKalb County HIDTA Taskforce conducted surveil lance on 2917 Gresham Road. At 3:30 pm, Det. Tillman ob served a black Volkswagen Ti- guan in the driveway. At 3:35 pm, Tillman saw the Volkswa gen leaving the residence. Constant visual surveillance was maintained as detectives followed the vehicle. Det. Viar ran the vehicle’s tag (CRX4638) on NCIC which showed it expired. A traffic stop was conducted, and the driver was identified as David Wortham. He was arrested for possessing 195 grams of marijuana, three oxycodone pills, and a handgun. 8. On January 23, 2023, at 1:08 pm, HIDTA detectives ob served Minnifield meeting with a black male in the Walmart parking lot at 2427 Gresham Road, GA 30316. After meeting with Min nifield, the male got back in his vehicle, a black Lexus, and left the location. At 1: 13 pm, the male was stopped by Officers Tillman and Viar on I-20 East- bound just past Gresham Road. During the stop, officers located less than an ounce of marijuana and a firearm inside the vehicle. 9. On February 21, 2023, HIDTA detectives conducted surveil lance at 2917 Gresham Road. At 5:06 pm, detectives ob served Minnifield exit his home with a large red bag and place the bag inside his vehicle, a black 2004 Lexus RX330. De tectives observed Minnifield travel to 8080 Mall Pkwy (Mar shalls Parking Lot) and park his vehicle beside a white Honda Accord. Minnifield retrieved the red bag from his vehicle and placed it in the Honda Accord's trunk. Detectives followed the Honda Accord. Officers Tillman and Viar made a traffic stop and the red bag was located in the trunk of the vehicle which contained 5.2 pounds of marijuana. 10. On March 2, 2023, search war rant 22-SW-000204 was signed and executed at 2917 Gre sham Road. During the search, detectives located approxim ately 46.8 pounds of marijuana. This was found in several rooms of the residence, includ ing the kitchen, living room, bedroom, sitting room and basement. $58,731.00 in U.S. currency was located in the fol lowing places: a grey book bag inside the dryer, a black book bag inside the living room, and inside an Adidas shoe located on the washing machine. There was a Brecknell digital scale located on a step in the stair way, and a DigitZ digital scale, a FoodSaver vacuum sealer and multiple empty baggies loc ated in the kitchen. 11. Kwane R. Minnifield was arres ted, charged with Violation of the Georgia Controlled Sub stances Act, O.C.G.A. § 16-13- 31, and transported to the DeKalb County Jail. 12. The U.S. currency was trans ported to Truist Bank, where it was counted by an employee and determined to be $58,731.00 and was then de posited in an account at the bank. 13. The marijuana was seized pur suant to O.C.G.A § 16-13- 49(b)(1). The U.S. currency is subject to forfeiture pursuant to O.C.G.A. § 16-13-49(b)(2). (b)(3) and (b)(5), 14. Said defendant property is con traband and should be for feited to the State of Georgia pursuant to the provisions of O.C.G.A. § 16-13-49, in that said property represents pro ceeds derived or realized from a violation of the Georgia Con- trolled Substances Act. O.C.G.A. § 16-13-30. 15. Said defendant property is con traband and should be for feited to the State of Georgia pursuant to the provisions of O.C.G.A. § 16-13-49, in that said property was used or in tended for use to facilitate a vi olation of the Georgia Controlled Substances Act, O.C.G.A. § 16-13-30. 16. Said defendant property is con traband and should be for feited to the State of Georgia pursuant to the provisions of O.C.G.A. § 16-13-49, in that said property was found in close proximity to any con trolled substance or other prop erty subject to forfeiture. WHEREFORE THE STATE OF GEORGIA PRAYS: 1) That all purported owners and/or interest holders listed herein be personally served with a copy of the complaint and summons; 2) That the custodians of the defendant property be person ally served a copy of the com plaint and summons herein; 3) That any and all owners and interest holder(s) that reside out of state or depart this state or cannot, after due diligence, be found within this state or conceals himself or herself to avoid service notice of the com plaint for forfeiture be served by publication as provided in O.C.G.A. § 9-16-12(b)(3); 4) That the Court hold a hear ing within sixty (60) days of the service of this complaint as provided by O.C.G.A. § 9-16- 12(f); 5) That the Court enter a judg ment in favor of the State of Georgia declaring said defend ant property forfeited to the State of Georgia pursuant to O.C.G.A. § 9-16-12; 6) That the Court retains juris diction to direct the proper dis position and distribution of the forfeited property as provided by O.C.G.A. § 9-16-19; 7) The Court shall afford parties due process to enforce the for feiture; and 8) That the Court grant to the Plaintiff such other relief as the Court deems just and equit able. Sherry Boston Georgia Bar No. 438199 District Attorney Stone Mountain Judicial Circuit Heather C. Waters Georgia Bar No. 740145 Sr. Assistant District Attorney Stone Mountain Judicial Circuit 556 N. McDonough Street, Suite 700 Decatur, Georgia 30030-3355 Email: hcwaters@dekalb- countyga.gov Main Office: (404) 371-2561 IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA STATE OF GEORGIA Plaintiff, vs. Fifty-eight thousand eight hun dred sixty dollars ($58,731.00) in U. S. currency; One (1) 2004 black Lexus R X 3 3 0 , V I N : JTJGA31U840006730 (est. value $2500.00); One (1) Brecknell digital scale (est. value $9.00); One (1) DigitZ digital scale (est. value $3.00); One (1) FoodSaver vacuum sealer (est. value $25.00); One (1) resealable plastic bag gies (est. value $20.00); Defendants, in rem. CIVIL ACTION FILE NO. 23CV5267 VERIFICATION I hereby verify that the facts contained within this Complaint for Forfeiture filed pursuant to O.C.G.A. § 9-16-11 is made from my own personal know ledge. This, the 31st day of May, 2023. Detective E.J. George Badge # 2858 DeKalb County Police Depart ment Law Enforcement Agent SWORN TO AND SUB SCRIBED BEFORE ME THIS 31st DAY OF MAY, 2023. Michelle Ann Torres NOTARY PUBLIC 350-483279 2/29,3/7,3/14,3/21 NOTICE OF FORECLOSURE OF RIGHT TO REDEEM [REF. O.C.G.A., Section 484-5 et seq.; 48445 & 48446] TO: ALVIN B. MARBLE; DEKALB COUNTY; RIDGECREEK CONDOMINI UM ASSOCIATION, INC.; ALL PARTIES KNOWN AND UNKNOWN HAVING OF RE CORD IN DEKALB COUNTY ANY RIGHT, TITLE, IN TEREST IN, OR LIEN UPON ++615 RIDGECREEK DRIVE, CLARKSTON, GA++, INCLUD ING ANY TENANT/OWNER/ OCCUPANT OF THE SUB JECT PROPERTY; RE: FORECLOSURE OF EQUITY OF REDEMPTION FOR TAX SALE DEED (REF. O.C.G.A. § 48-4-45, 46) Take notice that: The right to redeem the follow ing described property, to wit will expire and be forever fore closed and barred as of four o’clock (4 p.m.) on and after April 5,2024, or within 30 days after legal service of the Notice pursuant to OCGA 484-45 et seq., whichever date is later: All that parcel or unit of real property lying and being in Land Lots 44, 45 & 66 of the 18th District of Dekalb County, Georgia, in Building Number 6, Unit No 615, of Ridgecreek Condominium, as shown on plat of survey thereof recorded in Condominium Plat Book 6, Page 149, in the Clerk’s Office of the Superior Court of Dekalb County, Georgia, said recor ded Olat being incorporated herein by referenced, and be ing the dwelling known as 615 Ridgecreek Drive, Clarkston, Georgia (The Unit), as more particularly described in the De claration of Condominium for Ridgecreek Condominium (De claration), recorded September 12, 1988, in Deed Book 6236, Page 719, et seq., Dekalb County, Georgia, Deed re cords, as amended and as may be amended. TOGETHER WITH all right, title, and in terest running with the above- described property; and TO GETHER with all rights, mem bers, privileges and appurten ant easements. Also being known as tax parcel no. 18 044 09 034 per the maps and re cords of the DeKalb County, GA tax assessor and tax com missioner, and being the same property conveyed in that cer tain deed recorded at Deed Book 7122, Page 753, DeKalb County Superior Court records. The tax deed to which this no tice relates is dated December 6, 2022, and is recorded at Deed Book 30777, Page 205 in the Office of the Clerk of the Superior Court of Dekalb County, Georgia. This notice also constitutes a demand for possession of the property de scribed herein on and after the foreclosure date and time set out above in the event the property is not timely re deemed. That a party is named in this notice is not determinat ive that such party has a legal right to redeem. The property may be re deemed on or before the time and date stated above by pay ment of the redemption price as fixed and provided by law to the undersigned at the following address: MS CADS, LLC c/o John Coleman, Esq. Coleman Law, LLC 675 Seminole Avenue, Suite 302 Atlanta, Georgia 30307 404.974.4537 Please be governed accord ingly. 350-483280 2/29,3/7,3/14,3/21 NOTICE OF FORECLOSURE OF RIGHT TO REDEEM TO: Def in Fi Fa GST, Inc.; Def in Fi Fa Barron Jefferson Russell; All persons having of record in DeKalb County any right, title, interest in, or lien upon ++1780 Claron Ave, DeKalb County, GA++; All creditors of any of the foregoing; and ALL THE WORLD. TAKE NOTICE THAT: Pursuant to O.C.G.A. §48-4-45 and 48-4-46, the right to re deem the following described property, previously owned by tax fi. fa. defendants GST, Inc. and Barron Jefferson Russell, to wit: All that tract or parcel of land ly ing and being in Land Lot 20 of the 15th District of DeKalb County, Georgia, being Lot 22, Block E, Unit IV, Section IV, Cedar Grove Acres Subdivi sion, as per plat recorded in Plat Book 57, Page 73, DeKalb County Records, and more par ticularly described as follows: BEGINNING at a point on the cul de sac of the southwesterly side of Claron Avenue which is four hundred twenty-eight and seventy-seven hundredths (428.77) feet as measured in a straight line running westerly along the south line of Claron Avenue from the intersection of the south line of Claron Aven ue with the west line of Janjolin Drive to the beginning of the cul de sac plus forty-one and six tenths (41.6) feet running southwesterly along the cul de sac to an iron pin plus fifty- three (53) feet running south westerly along the cul de sac to an iron pin plus fifty-eight and eight tenths (58.8) feet running northwesterly along the cul de sac to an iron pin; running thence fifty-nine and eight tenths (59.8) feet northeasterly along the cul de sac to an iron pin; running thence northwest erly one hundred eighty-eight and five tenths (188.5) feet to an iron pin; running thence westerly forty (40) feet to an iron pin; running thence south westerly two hundred twelve and seventy-six hundredths (212.76) feet to an iron pin; run ning thence northeasterly one hundred forty-one (141) feet to an iron pin at the point of begin ning.