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Report: CZRO026
31ST JUDICIAL CIRCUIT Date. 22-Jul-2008
GREENE Time. 10:54:57AM
CIRCUIT COURT DOCKET SHEET Page: 1
0831-CV00692 STATE OF MISSOURI V STEPHEN M KINCAID Security Level: 1 Public
Case Type: CC Other Miscellaneous Actions Case Filing Date: 17-Jan-2008
Status: Default Judgment
Disposition: Default Judgment Disposition Date: 15-Jul-2008
Release/Status Reason
Change Date
Judge CALVIN R HOLDEN (30767)
Plaintiff STATE OF MISSOURI (STATEOFMO)
Attorney for Plaintiff DON W CRANK(37130)
Defendant STEPHEN M KINCAID (C21174300)
Attorney for Plaintiff MICHAEL WAYNE HUDDLESTON (42339)
Filing Date Description
47-Jan-2008 Petition Filed - No Fees
PETITION FILED. SERVICE TO ISSUE WHEN SERVICE INSTRUCTIONS RECEIVED. CASE
ASSIGNED TO CIRCUIT COURT DIVISION 1. /kl
14-Feb-2008 Affd for Serv by Publication
AFFIDAVIT FOR SERVICE BY PUBLICATION FILED. ORDER FOR SERVICE BY PUBLICATION
FILED. NOTICE UPON ORDER FOR SERVICE BY PUBLICATION ISSUED TO DAILY EVENTS./kl
05-Jun-2008 Motion for Default Judgment
MOTION FOR DEFAULT JUDGMENT WITH NOTICE OF HEARING SET FOR 07-15-08 AT 9:00 A.M.
FILED.
Filed By: MICHAEL W HUDDLESTON
46-Jul-2008 Filing:
JUDGMENT OF FORFEITURE AND ORDER FOR DISPOSITION OF PROPERTY.
Default Judgment
FORMAL JUDGMENT OF FORFEITURE AND ORDER FOR DISPOSITION OF PROPERTY
EXECUTED AND FILED. MC/JAS
IT 1S ORDERED, ADJUDGED AND DECREED THAT THE ONE BROWN/TAN 1977 CHEVROLET
SILVERADO, VIN CCL447F436616, HAS BEEN USED OR INTENDED FOR USE, DERIVED FROM
OR REALIZED THROUGH CRIMINAL ACTIVITY AND IS HEREBY FORFEITED TO THE STATE OF
MISSOURI.
IT IS FURTHER ORDERED THAT: (1) ONE BROWN/TAN 1977 CHEVROLET SILVERADO, VIN
CCL447F436616 BE DELIVERED TO THE GREENE COUNTY SHERIFF FOR PUBLIC OR PRIVATE.
SALE; (2) THE CLEAR PROCEEDS OF SAID SALE AND THE FULL SUM OF THE ONE
BORWN/TAN 1977 CHEVROLET SILVERADO, VIN CCL447F436616 TOGETHER WITH ALL
INTEREST EARNINGS ATTRIBUTED TO THAT SUM WHILE IN THE HANDS OF THE STATE OF
MISSOURI, SHALL BE TRANSFERRED TO THE GREENE COUNTY CIRCUIT CLERK FOR
DISTRIBUTION UNDER THIS ORDER; (3) THE CIRCUIT CLERK SHALL PAY ALL COSTS
ACCRUED HEREIN, ENTER SATISFACTION OF JUDGMENT AND MAKE DISPOSITION OF THE
BALANCE OF THE FUNDS BY DELIVERING SAME TO THE GREENE COUNTY TREASURER TO
BE DEPOSITED IN THE GREENE COUNTY SCHOOL FUND, FOR ITS OFFICIAL USE, PURSUANT
TO ARTICLE IX, SECTION 7 OF THE MISSOURI CONSTITUTION, 1945. MC/JAStr, Udl
JUL A] 7 2008,TRU 12:58 Ful e
IN THE CIRCUIT COURT OF GREENE COUNTY, MISSOURI D
vision I ‘
Division c He
Qi
STATE OF MISSOURI, ) ed SUL YS BR
Plaintiff, . nt CLERK,
™ ) enc oy v0
) ast
vs. ) Case No. 0831-CV006qa—
)
)
STEPHEN KINCAID )
Defendant. )
JUDGMENT OF FOREFITURE AND
ORDER FOR DISPOSITION OF PROPERTY
NOW ON this Z Ss day of fe ¢ ve, 2008, the State's Verified Petition for Forfeiture
pursuant to the Criminal Activity Forfeiture Act comes before the Court. The State appears by Michael
_Huddleston, Assistant Prosecuting Attomey of Greene County, Missouri, while the defendant appears
fot . On JULY 13, 2000, in the County of Greene, State of Missouri,
OFFICERS OF THE MISSOURI STATE HIGHWAY PATROL seized one BROWN/TAN 1977
CHEVROLET SILVERADO, VIN NUMBER CCL447F436616 from defendant, pursuant to his arrest. On
JANUARY 18, 2008, the State filed its Verified Petition in this cause. Defendants were properly served by
‘publication in the Daily Events on February 21, 2008. The defendants have failed to file a responsive
pleading to said petition in accordance with Supreme Court Rule 55.25 and is, therefore, found to be in
default pursuant to Supreme Court Rule 74.05. The Court, finding jurisdiction to be proper, does hereby
enter the following findings and orders:
WHEREAS, Section 513.607, RSMo, provides that all property of every kind used or intended for use
in the course of, derived from or realized through criminal activity is subject to civil forfeiture, which
proceeding may be instituted by the Prosecuting Attorney of the county in which the property is located or
seized; and
WHEREAS, the seizure of said property was done instant to a lawful arrest, search or inspection and
the officer had probable cause to believe that the property was subject to forfeiture and would be lost if not
seized; andJUL/17/2008/THU 12:58 PI F, Wud
1/1 2008 e
WHERBAS, the property sought to be forfeited herein is subject to forfeiture pursuant to Section
513.600, et. seq., RSMo; and
‘WHEREAS, the Court finds that the property seized and forfeited herein was not used in bargaining to
defer prosecution of criminal charges, obtain a guilty plea, or affect sentencing recommendations; and
WHEREAS, there are no persons, other than those named herein, known to have or claim an interest
in said property; and
‘WHEREAS, The Court has zeviewed the State's Verified Petition, its Motion for Default Judgment
and all other pleadings filed in this cause.
NOW, THEREFORE, the Court being fully advised in the premises and finding the request for
disposition to be in good order and with merit, it is hereby
ORDERED, ADJUDGED and DECREED that the one BROWN/TAN 1977 CHEVROLET
SILVERADO, VIN NUMBER CCL447F436616 has been used or intended for use, derived from or realized
through criminal activity and is hereby forfeited to the State of Missouri.
IT IS FURTHER ORDERED, that:
~-1. One BROWN/TAN 1977 CHEVROLET SILVERADO, VIN NUMBER CCL447F436616 be
delivered to the Greene County Sheriff for public or private sale.
2. The clear proceeds of said sale and the full sum of the one BROWN/TAN 1977 CHEVROLET
SILVERADO, VIN NUMBER CCL447F436616 together with all interest earnings attributed to that sum
while in the hands of the State of Missouri, shall be transferred to the Greene County Circuit Clerk for
distribution under this order.
3. The Circuit Clerk shall pay all costs accrued herein, enter satisfaction of judgment and make
disposition of the balance of the funds by delivering same to the Greene County Treasurer to be deposited in
the Greene County School Fund, for its official use, pursuant to Article IX, Section 7 of the Missouri
Constitution, 1945.
Eptered this 15° day of Ju lg 2008.
Yeu Tudge, Division I
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Report: CZRO026 31ST JUDICIAL CIRCUIT Date. 22-Jul-2008 GREENE Time. 10:54:57AM CIRCUIT COURT DOCKET SHEET Page: 1 0831-CV00692 STATE OF MISSOURI V STEPHEN M KINCAID Security Level: 1 Public Case Type: CC Other Miscellaneous Actions Case Filing Date: 17-Jan-2008 Status: Default Judgment Disposition: Default Judgment Disposition Date: 15-Jul-2008 Release/Status Reason Change Date Judge CALVIN R HOLDEN (30767) Plaintiff STATE OF MISSOURI (STATEOFMO) Attorney for Plaintiff DON W CRANK(37130) Defendant STEPHEN M KINCAID (C21174300) Attorney for Plaintiff MICHAEL WAYNE HUDDLESTON (42339) Filing Date Description 47-Jan-2008 Petition Filed - No Fees PETITION FILED. SERVICE TO ISSUE WHEN SERVICE INSTRUCTIONS RECEIVED. CASE ASSIGNED TO CIRCUIT COURT DIVISION 1. /kl 14-Feb-2008 Affd for Serv by Publication AFFIDAVIT FOR SERVICE BY PUBLICATION FILED. ORDER FOR SERVICE BY PUBLICATION FILED. NOTICE UPON ORDER FOR SERVICE BY PUBLICATION ISSUED TO DAILY EVENTS./kl 05-Jun-2008 Motion for Default Judgment MOTION FOR DEFAULT JUDGMENT WITH NOTICE OF HEARING SET FOR 07-15-08 AT 9:00 A.M. FILED. Filed By: MICHAEL W HUDDLESTON 46-Jul-2008 Filing: JUDGMENT OF FORFEITURE AND ORDER FOR DISPOSITION OF PROPERTY. Default Judgment FORMAL JUDGMENT OF FORFEITURE AND ORDER FOR DISPOSITION OF PROPERTY EXECUTED AND FILED. MC/JAS IT 1S ORDERED, ADJUDGED AND DECREED THAT THE ONE BROWN/TAN 1977 CHEVROLET SILVERADO, VIN CCL447F436616, HAS BEEN USED OR INTENDED FOR USE, DERIVED FROM OR REALIZED THROUGH CRIMINAL ACTIVITY AND IS HEREBY FORFEITED TO THE STATE OF MISSOURI. IT IS FURTHER ORDERED THAT: (1) ONE BROWN/TAN 1977 CHEVROLET SILVERADO, VIN CCL447F436616 BE DELIVERED TO THE GREENE COUNTY SHERIFF FOR PUBLIC OR PRIVATE. SALE; (2) THE CLEAR PROCEEDS OF SAID SALE AND THE FULL SUM OF THE ONE BORWN/TAN 1977 CHEVROLET SILVERADO, VIN CCL447F436616 TOGETHER WITH ALL INTEREST EARNINGS ATTRIBUTED TO THAT SUM WHILE IN THE HANDS OF THE STATE OF MISSOURI, SHALL BE TRANSFERRED TO THE GREENE COUNTY CIRCUIT CLERK FOR DISTRIBUTION UNDER THIS ORDER; (3) THE CIRCUIT CLERK SHALL PAY ALL COSTS ACCRUED HEREIN, ENTER SATISFACTION OF JUDGMENT AND MAKE DISPOSITION OF THE BALANCE OF THE FUNDS BY DELIVERING SAME TO THE GREENE COUNTY TREASURER TO BE DEPOSITED IN THE GREENE COUNTY SCHOOL FUND, FOR ITS OFFICIAL USE, PURSUANT TO ARTICLE IX, SECTION 7 OF THE MISSOURI CONSTITUTION, 1945. MC/JAStr, Udl JUL A] 7 2008,TRU 12:58 Ful e IN THE CIRCUIT COURT OF GREENE COUNTY, MISSOURI D vision I ‘ Division c He Qi STATE OF MISSOURI, ) ed SUL YS BR Plaintiff, . nt CLERK, ™ ) enc oy v0 ) ast vs. ) Case No. 0831-CV006qa— ) ) STEPHEN KINCAID ) Defendant. ) JUDGMENT OF FOREFITURE AND ORDER FOR DISPOSITION OF PROPERTY NOW ON this Z Ss day of fe ¢ ve, 2008, the State's Verified Petition for Forfeiture pursuant to the Criminal Activity Forfeiture Act comes before the Court. The State appears by Michael _Huddleston, Assistant Prosecuting Attomey of Greene County, Missouri, while the defendant appears fot . On JULY 13, 2000, in the County of Greene, State of Missouri, OFFICERS OF THE MISSOURI STATE HIGHWAY PATROL seized one BROWN/TAN 1977 CHEVROLET SILVERADO, VIN NUMBER CCL447F436616 from defendant, pursuant to his arrest. On JANUARY 18, 2008, the State filed its Verified Petition in this cause. Defendants were properly served by ‘publication in the Daily Events on February 21, 2008. The defendants have failed to file a responsive pleading to said petition in accordance with Supreme Court Rule 55.25 and is, therefore, found to be in default pursuant to Supreme Court Rule 74.05. The Court, finding jurisdiction to be proper, does hereby enter the following findings and orders: WHEREAS, Section 513.607, RSMo, provides that all property of every kind used or intended for use in the course of, derived from or realized through criminal activity is subject to civil forfeiture, which proceeding may be instituted by the Prosecuting Attorney of the county in which the property is located or seized; and WHEREAS, the seizure of said property was done instant to a lawful arrest, search or inspection and the officer had probable cause to believe that the property was subject to forfeiture and would be lost if not seized; andJUL/17/2008/THU 12:58 PI F, Wud 1/1 2008 e WHERBAS, the property sought to be forfeited herein is subject to forfeiture pursuant to Section 513.600, et. seq., RSMo; and ‘WHEREAS, the Court finds that the property seized and forfeited herein was not used in bargaining to defer prosecution of criminal charges, obtain a guilty plea, or affect sentencing recommendations; and WHEREAS, there are no persons, other than those named herein, known to have or claim an interest in said property; and ‘WHEREAS, The Court has zeviewed the State's Verified Petition, its Motion for Default Judgment and all other pleadings filed in this cause. NOW, THEREFORE, the Court being fully advised in the premises and finding the request for disposition to be in good order and with merit, it is hereby ORDERED, ADJUDGED and DECREED that the one BROWN/TAN 1977 CHEVROLET SILVERADO, VIN NUMBER CCL447F436616 has been used or intended for use, derived from or realized through criminal activity and is hereby forfeited to the State of Missouri. IT IS FURTHER ORDERED, that: ~-1. One BROWN/TAN 1977 CHEVROLET SILVERADO, VIN NUMBER CCL447F436616 be delivered to the Greene County Sheriff for public or private sale. 2. The clear proceeds of said sale and the full sum of the one BROWN/TAN 1977 CHEVROLET SILVERADO, VIN NUMBER CCL447F436616 together with all interest earnings attributed to that sum while in the hands of the State of Missouri, shall be transferred to the Greene County Circuit Clerk for distribution under this order. 3. The Circuit Clerk shall pay all costs accrued herein, enter satisfaction of judgment and make disposition of the balance of the funds by delivering same to the Greene County Treasurer to be deposited in the Greene County School Fund, for its official use, pursuant to Article IX, Section 7 of the Missouri Constitution, 1945. Eptered this 15° day of Ju lg 2008. Yeu Tudge, Division I