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AFFIDAVIT RE:
SERVICE OF PROCESS BY
PUBLICATION
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
CASE NO:
11-2016-CA-1346-0001-XX
IN RE: FORFEITURE OF:
$3,580.00 in U.S. Currency
MARCO ISLAND
POLICE DEPARTMENT
Petitioner, vs.
RAFAEL ANGEL GARCIA
Respondent,
COUNTY OF COLLIER
STATE OF FLORIDA
BEFORE ME, the undersigned authority, personally appeared the attorney of Petitioner, Milton R. Collins, Esq, who was sworn, and states the following based upon his personal knowledge:
1. There is a statutory forfeiture action to acquire rights to the above referenced property, which property is within the jurisdiction of this Court pursuant to Section 932.704(4), Florida Statutes.
2. On August 5, 2016, this Court entered an Order Finding Probable Cause for Seizure against the above captioned property.
3. On August 26, 2016, the Petitioner filed a Verified Complaint for Forfeiture against the above captioned property.
4. After utilizing knowledge at Affiant's command to diligently search and inquire as to the true name and whereabouts of Rafael Angel Garcia, the only known Respondent, Affiant has been unable to ascertain the residence of such person, and that the same is set forth within this affidavit as particularly as is known to Affiant.
5. The above named Respondent, Rafael Angel Garcia, is over the age of 18 years.
6. Affiant has been unsuccessful in attempts to make service of Respondent at his last known address.
7. Pursuant to Section 49.021, Florida Statutes, service of process by publication may be had upon any party whether known or unknown where personal service of process cannot be made.
8. Pursuant to Section 49.10, Florida Statutes, Petitioner will comply with the statutory publishing requirement.
FURTHER AFFIANT SAYETH NAUGHT.
Respectfully submitted,
WEISS SEROTA HELFMAN
COLE & BIERMAN, P.L.
Attorneys for Petitioner
1200 North Federal Hwy., Suite 312 Boca Raton, FL 33432
Telephone: (954) 763-4242
Facsimile: (954) 764-7770
By: Milton R. Collins
Florida Bar No. 934291
Primary: [email protected]
Secondary: [email protected]
COUNTY OF COLLIER
STATE OF FLORIDA
SWORN TO AND SUBSCRIBED before me by MILTON R. COLLINS, ESQUIRE, who is personally known to me on this 23rd day of March, 2017.
SYLVIA C. JONES
Notary Public - State of Florida
My Comm. Expires Feb 13, 2018
Commission # FF 081484
Bonded Through National Notary
Assn.
NOTARY PUBLIC - State of Florida
Sylvia C. Jones
(The above only to be published in the Business Observer, once a week for four consecutive weeks)
April 7, 14, 21, 28, 2017 17-00580C