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NOTICE OF PENDENCY OF CIVIL ACTION (

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3/25/2020
Hartselle Enquirer

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NOTICE OF PENDENCY OF CIVIL ACTION
(Lis Pendens)

A. Pursuant to §§6-6-564 and 35-4-131 of the Code of Alabama and Rule 4.3 of the
Alabama Rules of Civil Procedure, notice is hereby given to the following that on February 17, 2020, the plaintiffs, Jose Luis Ramirez and Alejandra Marquez, filed in the Circuit Court of Morgan County, Alabama as Civil Action No. CV2020-900076, which is now pending in said Court, a verified complaint against the following defendants:

1. That certain real estate in Morgan County which is described as follows:
LOT NO. 10, WEINMAN HEIGHTS, HARTSELLE, ALABAMA, AS SHOWN BY MAP OF SAID SUBDIVISION ON FILE AND OF RECORD IN MAP BOOK 3, AT PAGE 17, IN THE OFFICE OF THE JUDGE OF PROBATE OF MORGAN COUNTY, ALABAMA (hereinafter referred to as “the Property”).

2. A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, and Z, and their respective heirs or devisees, if deceased, are those unknown persons and entities, including those who, if known, would be known or suspected to be of unsound mind or to be infants, whose names cannot be ascertained by plaintiffs with certainty and who claim, or may be reputed to claim, or may in the future claim the Property, or any title to, interest in, lien or encumbrance thereon, or any part thereof (including but not limited to the unknown heirs of Jose Luis Ramirez and Alejandra Marquez and of any other prior owners of any interest in the Property), whose names, ages, addresses and conditions of mind are unknown to plaintiffs at the time of the filing of this complaint, but who, when their names and identities are ascertained by plaintiffs, will be added to this complaint by amendment (all of whom are hereafter referred to as the “Unknown Defendants”).

B. The objects of the complaint are summarized as follows: To establish that the deed dated June 6, 2003 and recorded in Book 2003 at page 4272 in the Probate Office of Morgan County, Alabama, whereby Jose Luis Ramirez and Alejandra Marquez acquired the Property, was intended by all parties thereto to convey the Property to them in fee simple and should be reformed to so provide. The relief requested in the complaint, through the claims of reformation, declaratory judgment, and statutory quiet title, is that the plaintiffs, Jose Luis Ramirez and Alejandra Marquez, be declared the sole owners in fee simple of the Property.

C. PURSUANT TO SECTION 6-6-565 OF THE CODE OF ALABAMA, EACH OF THE UNNAMED DEFENDANTS WHO ARE BEING SERVED BY PUBLICATION MUST ANSWER THE COMPLAINT WITHIN 30 DAYS OF THE LAST PUBLICATION OF THIS NOTICE.

D. FAILURE OF ANY DEFENDANT TO ANSWER THE ALLEGATIONS OF THE COMPLAINT IN A TIMELY MANNER AS SET FORTH IN PARAGRAPH C ABOVE MAY RESULT IN THE GRANTING OF THE RELIEF REQUESTED BY THE PLAINTIFFS AGAINST SUCH DEFENDANT.

E. The original of each defendant’s answer to the complaint must be filed in the Office of the Clerk of the Circuit Court of Morgan County, Alabama at the Morgan County Courthouse in Decatur, Alabama. A copy of each defendant’s answer must be mailed or delivered to Kevin R. Kusta, attorneys for the plaintiffs, at Ball & Kusta, PC., 111 Grant Street SE, Decatur, Alabama 35601.

F. It is hereby directed that this notice be published in the Hartselle Enquirer, a newspaper of general circulation in Morgan County, Alabama, once a week for four consecutive weeks, with the last publication to be on the 15th day of April 2020.

G. It is further directed that a copy of this Notice of Pendency of Civil Action (lis pendens) certified as being a correct, full, genuine, and true copy hereof by the Clerk of the Circuit Court of Morgan County, Alabama, shall also be recorded as a lis pendens in the Office of the Judge of Probate of Morgan County, Alabama.

Dated at, and under the official seal of, this office on this the 25th day of February 2020.

Dated at, and under the official seal of, this office on this the 25th day of February, 2020.

/s/ Chris Priest
Chris Priest
as Clerk of the Circuit Court
of Morgan County, Alabama [SEAL]

The Hartselle Enquirer
March 25, April 1, April 8, and April 15, 2020.

STATE OF ALABAMA
COUNTY OF MORGAN

I, Chris Priest, as Clerk of the Circuit Court of Morgan County, Alabama, hereby certify that the above and foregoing is a correct, full, genuine, and true copy of the Notice of Pendency of Civil Action (lis pendens) to be published to the defendants in the above-styled action.

Witness my hand and official seal of office on this the 25th day of February, 2020.

Chris Priest
Chris Priest
as Clerk of the Circuit Court
of Morgan County, Alabama [SEAL]


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