About The champion newspaper. (Decatur, GA) 19??-current | View Entire Issue (Oct. 23, 2014)
www.championnewspaper.com The Champion Legal Sec ion, Thursday, October 23, 2014 Page 15C WITNESS, the Honorable Clarence Seeliger, Judge of said Court. This the 1st day of October, 2013. Debra DeBerry Clerk of Superior Court ++CIVIL ACTION FILE No.14CV7760-3 1988 Bulderview Drive SE, Dekalb County, Georgia, tax parcel 15 116 02 058++ 350-365063 10/23,10/30wg IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA CASE FILE NO. 14- CV-7359-4 4658 Big Valley CT Stone Mountain, GA 30083 Parcel Id. Number: 15- 192-06-110 DEKALB COUNTY, GEORGIA, Petitioner, vs. All that tract or parcel of land lying and being in Land Lot 192 of the 15th District of DeKalb County, GA, being Lot 5, Block “B” Unit One, Big Valley, as per plat recorded in Plat Book 67, page 72, DeKalb County Georgia Re cords, to which reference is hereby made for the purpose of incorporat ing the same herein; vesting deed re corded at Deed Book 21920, page 305; Caneil Brantley; Jonathan Kimpson; DeKalb County Tax Com missioner; ALL OTHER PARTIES UNKNOWN WHO CLAIM OR MIGHT CLAIM ANY INTEREST IN THE DE SCRIBED PARCEL OF REAL PROP ERTY Respondents. FINAL ORDER On July 24, 2014, plaintiff filed its complaint-in-rem, lis pendens and summons. Consistent with O.C.G.A. § 41-2-12(a), these pleadings were served on the parties, the complaint was posted on the property, and a copy of the Rule Nisi notice was pub lished in The Champion Newspaper. None of the parties filed an answer. FINDINGS OF FACT The property is located in unincorpor ated DeKalb County, Georgia at 4658 Big Valley CT, Stone Mountain, GA 30083, local tax map reference 15- 192-06-110, in a single family resid ential district. Since on or about June 2011, the property has been in a state of disrepair as follows: (1) The structure is considered dan gerous and unfit for human habita tion which imperils the health, safety and welfare of the citizens of the neighborhood, and has become a haven for vagrants. (2) The dwelling is burned, vacant, unsecured, structurally unsound and creates a general nuisance to the public. The parties failed to obtain permits for alterations and/or con struction on the property which re mains non-compliant with the county code. (3) It must be boarded-up according to county code specifications. (4) The roof is damaged and in dis repair. (5) The exterior and interior home must be repaired. (6) The broken front windows and doors must be repaired or replaced. (7) The property is a blighting influ ence on the neighborhood. It was cited for various other violations in cluding failure to cut excessive high weeds and grass; to remove open storage of trash and debris; to main tain the exterior in good condition, and to clean the interior of trash and debris. RULING OF THE COURT Based on the evidence presented in this case, the court FINDS the follow ing: a. Pursuant to the Code of DeKalb County § 18-69 and O.C.G.A. § 42-1- 7, et. seq., the subject property is un fit for human habitation, and is dan gerous and imperils the health, safety and welfare of the citizens of the county. b. Within 60 (sixty) days of the execu tion of this Order, the court author izes the defendants, owners and in terested parties, to repair the items listed above. All repairs must comply with the applicable codes and regula tions. After 60 (sixty) days, the plaintiff shall re-inspect the property for compliance. c. If the defendants, owners and in terested parties, fail to repair or de molish the structure, the court author izes the plaintiff to repair or demolish the structure. After the expiration of the 60 (sixty) days, the plaintiff’s abatement actions shall commence within 270 (two hundred and seventy) days. If these actions are prohibited by an injunction, issued pursuant to O.C.G.A. § 41-2-13, or any equitable relief granted by a court of compet ent jurisdiction, then those days shall not be counted toward the plaintiffs abatement days. d. Pursuant to O.C.G.A. § 41-2- 9(a)(5), after the expiration of the 60 (sixty) day repair/abatement period, the court authorizes the plaintiff to place a placard on the property which shall remain on the property until all of the remedial and demolition work is complete. e. These findings of fact shall be pos ted on the property and advertised in The Champion Newspaper. f. The plaintiff shall make reasonable efforts to salvage reusable materials for credit against the costs of demoli tion. g. All demolition costs shall consti tute a lien against the property includ ing the removal of salvaged materi als; all court costs; appraisal fees; permit costs; administrative costs; ad vertisement costs; restoration to grade of the real property after de molition; attorney’s fees, and all oth er costs necessarily associated with this complaint-in-rem action. h. This court grants permission to the plaintiff to maintain grass and weeds on the property below 12 (twelve) inches. i. The plaintiff shall confirm with the Georgia Power officials to ensure that the utilities are cut off and capped at the street. SO ORDERED, this 10th day of Oc tober, 2014. The Honorable Gail C. Flake Superior Court of DeKalb County, GA Prepared by Angela D. Afflick DeKalb County Law Department ++14-CV-7359-4 4658 Big Valley CT Stone Mountain, GA 30083 Parcel Id. Number: 15-192-06-110 FINAL OR- DER++ 350-365064 10/23,10/30wg IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA CASE FILE NO. 14- CV-7309-4 2945 Monterey Drive Decatur, GA 30032 Parcel Id. Number: 15- 200-12-007 DEKALB COUNTY, GEORGIA, Petitioner, vs. All that tract or parcel of land lying and being in Land Lot 200 of the 15th District of DeKalb County, GA, being Lot 22, Block E, Belvedere Park Sub division, as per plat thereof recorded in Plat Book 24, Page 8, DeKalb County, Georgia Records, which re corded plat is incorporated herein in reference and made a part of this de scription in Deed Book 22520, page 538; Blitz 7 Holdings, Inc.; John Taylor; Automobile Acceptance Cor poration; DeKalb County Recorder’s Court; DeKalb County Tax Commis sioner; ALL OTHER PARTIES UN KNOWN WHO CLAIM OR MIGHT CLAIM ANY INTEREST IN THE DE SCRIBED PARCEL OF REAL PROP ERTY Respondents. FINAL ORDER On July 22, 2014, plaintiff filed its complaint-in-rem, lis pendens and summons. Consistent with O.C.G.A. § 41-2-12(a), these pleadings were served on the parties, the complaint was posted on the property, and a copy of the Rule Nisi notice was pub lished in The Champion Newspaper. None of the parties filed an answer. FINDINGS OF FACT The property is located in unincorpor ated DeKalb County, Georgia at 2945 Monterey Drive, Decatur, GA 30032, local tax map reference 15-200-12- 007 in a single family residential dis trict. Since on or about August 2012, the property has been in a state of disrepair as follows: (1) The structure is considered dan gerous and unfit for human habita tion which imperils the health, safety and welfare of the citizens of the neighborhood, and has become a haven for vagrants. (2) The dwelling is vacant, unse cured, structurally unsound and cre ates a general nuisance to the public. The parties failed to obtain permits for alterations and/or construction on the property which remains non-com- pliant with the county code. (3) It must be boarded-up according to county code specifications. (4) The roof is damaged and in dis repair. (5) The exterior and interior home must be repaired. (6) The broken front windows and doors must be repaired or replaced. (7) The property is a blighting influ ence on the neighborhood. It was cited for various other violations in cluding failure to cut excessive high weeds and grass; to remove open storage of trash and debris; to main tain the exterior in good condition, and to clean the interior of trash and debris. RULING OF THE COURT Based on the evidence presented in this case, the court FINDS the follow ing: a. Pursuant to the Code of DeKalb County § 18-69 and O.C.G.A. § 42-1- 7, et. seq., the subject property is un fit for human habitation, and is dan gerous and imperils the health, safety and welfare of the citizens of the county. b. Within 60 (sixty) days of the execu tion of this Order, the court author izes the defendants, owners and in terested parties, to repair the items listed above. All repairs must comply with the applicable codes and regula tions. After 60 (sixty) days, the plaintiff shall re-inspect the property for compliance. c. If the defendants, owners and in terested parties, fail to repair or de molish the structure, the court author izes the plaintiff to repair or demolish the structure. After the expiration of the 60 (sixty) days, the plaintiff’s abatement actions shall commence within 270 (two hundred and seventy) days. If these actions are prohibited by an injunction, issued pursuant to O.C.G.A. § 41-2-13, or any equitable relief granted by a court of compet ent jurisdiction, then those days shall not be counted toward the plaintiff s abatement days. d. Pursuant to O.C.G.A. § 41-2- 9(a)(5), after the expiration of the 60 (sixty) day repair/abatement period, the court authorizes the plaintiff to place a placard on the property which shall remain on the property until all of the remedial and demolition work is complete. e. These findings of fact shall be pos ted on the property and advertised in The Champion Newspaper. f. The plaintiff shall make reasonable efforts to salvage reusable materials for credit against the costs of demoli tion. g. All demolition costs shall consti tute a lien against the property includ ing the removal of salvaged materi als; all court costs; appraisal fees; permit costs; administrative costs; ad vertisement costs; restoration to grade of the real property after de molition; attorney’s fees, and all oth er costs necessarily associated with this complaint-in-rem action. h. This court grants permission to the plaintiff to maintain grass and weeds on the property below 12 (twelve) inches. i. The plaintiff shall confirm with the Georgia Power officials to ensure that the utilities are cut off and capped at the street. SO ORDERED, this 10th day of Oc tober, 2014. The Honorable Gail C. Flake Superior Court of DeKalb County, GA Prepared by Angela D. Afflick DeKalb County Law Department ++14-CV-7309-4 2945 Monterey Drive Decatur, GA 30032 Parcel Id. Number:15-200-12-007 FINAL OR- DER++ 350-365065 10/23,10/30wg IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA CASE FILE NO. 14CV8707 7043 Pine Mountain Road, Lithonia GA 30058 Parcel Id. Number 16-153-07-016 DEKALB COUNTY, GEORGIA, Petitioner, vs. All that tract or parcel of land lying and being in Land Lot 153 of the 16th District of DeKalb County, GA, as de scribed in Deed Book 21032, page 559, 17868/248, 20437/405; Derrick Deshon Roberts; American Lien Fund, LP; Bryant K. Smith; DeKalb County Tax Commissioner; ALL OTHER PARTIES UNKNOWN WHO CLAIM OR MIGHT CLAIM ANY IN TEREST IN THE DESCRIBED PAR CEL OF REAL PROPERY, Respondents. ORDER FOR RULE NISI The within and foregoing COM PLAINT IN REM FOR NUISANCE ABATEMENT having been read and considered, the same is ordered filed; Let the owners and parties-in-in- terest herein, as that term is defined by DeKalb County Code § 18-5, et, seq., be and appear before the Hon orable Cynthia J. Becker, Division 7D, Judge of Superior Court of said State and DeKalb County on the 8th day of December, at 9:30 AM, DeKalb County Courthouse, Superi or Court of DeKalb County, 556 North McDonough Street, Decatur, GA 30030, Courtroom 7C, Decatur, GA 30030, then and there to show cause why the prayers of the Plaintiff should not be granted. SO ORDERED, this 8th day of Octo ber, 2014. Honorable Judge Cynthia J. Becker Superior Court of DeKalb County Prepared by: Angela D. Afflick DeKalb County Law Department ++14CV8707 7043 Pine Mountain Road, Lithonia GA 30058 Parcel Id. Number 16-153-07-016 RULE NISI++ 350-365084 10/23,10/30,11/6,11/13WG NOTICE OF PUBLICATION In the Superior Court of DeKalb County State of Georgia Civil Action File# 14CV7981-8 Cecilia Cuellar-Viveros and Felipe Reyes Petitioners vs. Lolita Delgado Cuellar, Francisco Escobar, Roberi Mar tinez and John Doe Resopondents To: Roberi Martinez By Order for service by publication dated the 8th day of October, 2014 You are hereby notified that on July 17, 2014 Petitioners Cecilia Cuellar- Viveros and Felipe Reyes filed suit against you. You are required to file with the Clerk of the Superior Court of DeKalb County, and to serve upon Respond ents' attorney, F. Xavier Balderas, Esq., Carlton Fields Jorden Burt, P.A., One Atlantic Center, 1201 West Peachtree Street, N.E., Suite 3000, Atlanta, Georgia 30309 an Answer in writing within sixty (60) days of the date of the order for publication. Witness the Honorable Linda W. Hunter, Judge of the Superior Court of DeKalb County, Georgia. This the 10th day of October, 2014. Debra DeBerry Clerk of Superior Court 556 N. McDonough Street G-130 Annex Decatur, GA. 30030-3356 ++14CV7981-8 /MARTI NEZ++ 350-365085 10/23,10/30,11/6,11/13WG NOTICE OF PUBLICATION In the Superior Court of DeKalb County State of Georgia Civil Action File# 14CV7981-8 Cecilia Cuellar-Viveros and Felipe Reyes Petitioners vs. Lolita Delgado Cuellar, Francisco Escobar, Roberi Mar tinez and John Doe Respondents To: Lolita Delgado Cuellar By Order for service by publication dated the 9th day of October, 2014 you are hereby notified that on July 17, 2014 Petitioners Cecilia Cuellar- Viveros and Felipe Reyes filed suit against you. You are required to file with the Clerk of the Superior Court of DeKalb County, and to serve upon Respond ents' attorney, F. Xavier Balderas, Esq., Carlton Fields Jorden Burt, P.A., One Atlantic Center, 1201 West Peachtree Street, N.E., Suite 3000, Atlanta, Georgia 30309 an Answer in writing within sixty (60) days of the date of the order for publication. Witness the Honorable Linda W. Hunter, Judge of the Superior Court of DeKalb County, Georgia. This the 10th day of October, 2014. Debra DeBerry Clerk of Superior Court 556 N. McDonough Street G-130 Annex Decatur, GA. 30030-3356 ++14CV7981-8 CUELLAR++ 350-365086 10/23,10/30,11/6,11/13WG NOTICE OF PUBLICATION In the Superior Court of DeKalb County State of Georgia Civil Action File# 14CV7981-8 Cecilia Cuellar-Viveros and Felipe Reyes Petitioners vs. Lolita Delgado Cuellar, Francisco Escobar, Roberi Mar tinez and John Doe Respondents To: Francisco Escobar By Order of the Court service for service by publication dated the 9th day of October, 2014 You are hereby notified that on July 17, 2014 Peti tioners Cecilia Cuellar-Viveros and Felipe Reyes filed suit against you. You are required to file with the Clerk of the Superior Court of DeKalb County, and to serve upon Respond ents' attorney, F. Xavier Balderas, Esq., Carlton Fields Jorden Burt, P.A., One Atlantic Center, 1201 West Peachtree Street, N.E., Suite 3000, Atlanta, Georgia 30309, an Answer in writing within sixty (60) days of the date of the order for publication. Witness the Honorable Linda W. Hunter, Judge of the Superior Court of DeKalb County, Georgia. This the 10th day of October, 2014. Debra DeBerry Clerk of Superior Court 556 N. McDonough Street G-130 Annex Decatur, GA. 30030-3356 ++14CV7981-8 /ESCOBAR++ 350-365087 10/23,10/30,11/6,11/13wg NOTICE OF PUBLICATION In the State Court of DeKalb County State of Georgia Civil Action No. ++13A48696-4++ CACH, LLC, Plaintiff vs. Alexander Aisabor, Defendant To: Alexander Aisabor By Order for service by publication dated October 2, 2014, you are hereby notified that on September 10, 2013, CACH, LLC filed suit against you for $TBD principal, $TBD interest, and $TBD attorney's fees. You are required to file with the Clerk of the State Court, and to serve upon plaintiff's attorney, Joseph A. Ranieri, an Answer in writing within sixty (60) days of the date of the or der for publication. Witness the Honorable Johnny Panos, Judge of this State Court. This the 9th day of October, 2014. Melanie F Wilson, Clerk State Court of DeKalb County By: J. Pearson Deputy Clerk For: State Court of DeKalb County DeKalb County Courthouse 556 N. McDonough Street Decatur, Georgia 30030 350-365089 10/23,10/30,11/6,11/13wg NOTICE OF PUBLICATION OF SERVICE Petitioner: Stix and Stones Homes, LLC Respondents: Occupant - Tenant - Resident 1667 Cecilia Drive, SE, At lanta, DeKalb County, Georgia and as more particularly described in Ex hibit A to the Petition to Quiet Title; Perry E. Baxter, Jr. individually and as Executor of the Estate of Annie Mae Baxter, and Margie O. Hill; and any and all other interested parties, known or unknown, With a claim of right, title or interest in the Subject Property. DEKALB COUNTY SUPERIOR COURT, CIVIL ACTION NO: + + 14CV4651 -9 + + RE: PETITION TO QUIET TITLE, 1667 Cecilia Drive, DeKalb County Georgia (the "Subject Property"). DATE PETITION FILED: April 30, 2014 DATE OF ORDER FOR PUBLICA TION: September 17, 2014 TO the above-named respondents, TAKE NOTICE THAT Petitioner, has caused to be filed, in the Superior Court of DeKalb County, Georgia, a Petition to Quiet Title, in conjunction with the above referenced parcel of land; under the provisions of O.C.G.A. 23-3-60, et seq. Petitioner is seeking an order declaring that Pe titioner owns the property in FEE SIMPLE, subject only to all valid li ens of record. For the specifics of such pleas for relief the parties re spondent must refer to the original petition and all other pleadings filed with the court. The Respondent is hereby noticed and commanded to be and appear at the court in which this action is pending within 30 days of the date of the Order for service by publication. The Respondent is to file any re sponse or answer with the Clerk of Superior Court of the above refer enced Court, at the address shown below: Clerk of the Superior Court of DeKalb County, 556 N. McDonough Street, Decatur, GA 30030, with a copy of such response or answer to be sent to the Attorney for the Peti tioner, whose name and address is: Allison C. Jett, One Alliance Center - 4th Floor, 3500 Lenox Road, Atlanta, Georgia 30326 Witness The Honorable Mark Anthony Scott, Superior Court DeKalb County. Debra DeBerry Clerk of Superior Court 556 N. McDonough Street G-130 Annex Decatur, GA. 30030-3356 350-365134 10/23,10/30,11/6,11/13WG NOTICE OF PUBLICATION IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA CIVIL ACTION FILE No. ++14CV7930-10++ YUNG ASSETS GEORGIA, LLC Petitioner v. A TRACT OF LAND, BEING KNOWN AS 3995 HANCOCK CIRCLE, DEKALB COUNTY, GEORGIA BEING TAX PARCEL NUMBER 18 316 03 060 AND As The Respective Interests May Be Or Appear: TENANT, OWNER OR OCCUPANT OF PROPERTY; FED ERAL HOME LOAN MORTGAGE CORPORATION; DEKALB COUNTY; CITY OF ATLANTA, MAYOR KASIM REED; PEGGY ANN ASANDER, as Administrator of the Estate of SHIRLEY YVONNE DURR; WASHINGTON SQUARE HOMEOWNERS ASSOCIATION, INC.; ACCUBANC MORTGAGE CORPORATION; UNKNOWN PARTIES WITH ANY INTEREST IN THE SUBJECT PROPERTY; Respondents TO: a. Unknown Parties with any Interest in the Subject Property; b. Accubanc Mortgage Corporation; c. Peggy Ann Sander, as Administrat or of the Estate of Shirley Yvonne Durr. You are hereby notified that the above styled action seeking to quiet title to the real property known as 3995 Hancock Circle, Dekalb County, Georgia, tax parcel 18 316 03 060, was filed against you in the Superior Court of Dekalb County on August 11, 2014 and that by reason of an order for service of summons by publication entered by the Court on 7th day of October, 2014, you are hereby commanded and required to file with the Clerk of said Court and serve upon John Ayoub or Carolina Dallal Bryant, Attorneys at Law, whose address is 675 Seminole Ave., Suite 301, Atlanta, GA 30307 an An swer to the Complaint within sixty (60) days of the date of the order for publication. WITNESS, the Honorable Tangela Barrie, Judge of said Court. This the 7th day of October, 2013. Debra DeBerry Clerk of Superior Court Sheriffs Sale 360-364452 10/9,10/16,10/23,10/30wg Notice of Judicial Foreclosure STATE OF GEORGIA DEKALB COUNTY Under and by virtue of O.C.G.A. § 44- 3-109, the Amended and Restated Declaration of Condominium for Tuxworth Springs Condominium, as may be amended (the “Declara tion”), filed of record in the DeKalb County, Georgia records, and by vir tue of the Court Order entered on April 30, 2014, there will be sold by the DeKalb County Sheriff’s Office at public outcry to the highest bidder for cash before the Courthouse door of DeKalb County, Georgia within the legal hours of sale on the first Tues day in November 2014, to wit, November 4, 2014 the following de scribed property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THAT CERTAIN CONDOMINIUM UNIT IN LAND LOT 62, 18TH DISTRICT OF DEKALB COUNTY, GEORGIA AND BEING IDENTIFIED AND DEPIC TED AS CONDOMINIUM UNIT 103, BLDG. NO. 1, ON THAT CERTAIN SITE PLAN FOR TUXWORTH SPRINGS CONDOMINIUM PHASE I, RECORDED IN CONDOMINIUM PLAT BOOK 5, PAGE 11, DEKALB COUNTY RECORDS, TOGETHER WITH ALL RIGHTS, TITLE AND IN TEREST OF GRANTOR IN THE UNIT AND THE APPURTENANCES THERETO UNDER THAT CERTAIN DECLARATION OF TUXWORTH SPRINGS CONDOMINIUM, PHASE I, AS RECORDED IN DEED BOOK 4745, PAGE 258, DEKALB COUNTY RECORDS, SAID DECLARATION INCLUDING ALL EXHIBITS THERETO AND AMENDMENTS THERETO HEREINAFTER RE FERRED TO AS DECLARATIONS; THE INTEREST HEREIN CON VEYED INCLUDES WITHOUT LIM ITING THE GENERALITY OF THE FOREGOING, THE UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS OF TUX WORTH SPRINGS CONDOMINIUM, PHASE I, APPURTENANT TO THE UNIT AS THE SAME IS SPECIFIED IN THE DECLARATIONS. The debt secured by the Association’s lien, which totals $30,890.05 as of June 25, 2014, has been and is hereby declared due be cause of failure to pay the indebted ness as and when due and in the manner provided for in the Declara tion. The debt remaining in default, this sale will be made for the pur pose of paying same and all ex penses of the sale, as provided in the Georgia Condominium Act, O.C.G.A. § 44-3-70, et seq., and the Declara tion (notice of attempt to collect attor ney's fees having been given). The excess, if any, will be distributed to the person or persons legally entitled thereto. To the best knowledge and belief of the undersigned, the party in posses sion of the Subject Property known as ++103 Tuxworth Circle, Decatur, Georgia 30033++ is Gregory Eu gene Williams. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, (c) the Declaration, as amended, and (d) all matters of re cord superior to the condominium li en first set out above, including but not limited to the Security Deeds from Gregory Eugene Williams to Mort gage Electronic Registration Sys tems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns recorded in Deed Book 17985, Page 61 as signed to Nationstar Mortgage, LLC recorded at Deed Book 24328, Page 192 and from Gregory Eugene Willi ams to Mortgage Electronic Registra tion Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns re corded at Deed Book 19402, Page 616 of the aforesaid records, and any encumbrances, zoning ordinances, restrictions, covenants and matters of record superior to the condominium lien first set out above. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the United States Bankruptcy Code, and (2) final con firmation and audit of the status of the lien with the holder of the Order to foreclose. Tuxworth Springs Condomnium As sociation, Inc. do Miye Johnson Yi, Esq. Winter Capriola Zenner, LLC 3490 Piedmont Rd., NE, Ste. 800 Atlanta, Georgia 30305 Phone: (404) 844-5700 Fax: (404) 844-5701 myi@wczlaw.net THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT ANY IN FORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
