Newspaper Page Text
WEDNESDAY, FEBRUARY 11, 2009
THE JACKSON HERALD
PAGE 9C
Public Notices Continued
Magistrate Court
Magistrate Court
Week of February 2, 2009
• Kevin Parker & Stacy Parker vs. Jon Kreskas &
Sarah Kreskas - Writ of Possession
•Guy K. Spicer vs. Danny Sellers & Jennifer Kennedy
- Writ of Possession
• Bright Beginnings of Jefferson, Inc. vs. Bernice
Sheppard - Suit on Account
• Bright Beginnings of Jefferson, Inc. vs. Sully Bogue
- Suit on Account
• Katherine Kind vs. Varner Gillespie - Writ of
Possession
• Katherine Kind vs. Varner Gillespie - Statement
of Claim
• Collection Services of Athens, Inc. Assignee
for Athens Regional Medical Center, Inc. vs. Wendy
Altstaetter - Suit on Account
• Collection Services of Athens, Inc. Assignee for
Athens Regional Medical Center, Inc. vs. Robert J.
Baldwin-Suit on Account
• Collection Services of Athens, Inc. Assignee for
Athens Regional Medical Center, Inc. vs. Patsy Brock -
Suit on Account
• Collection Services of Athens, Inc. Assignee for
Athens Regional Medical Center, Inc. vs. Rachael W.
Parr-Archer - Suit on Account
• Collection Services of Athens, Inc. Assignee for
Athens Regional Medical Center, Inc. vs. Debra M.
Minish-Suit on Account
• Harris Hill Property Owners Association vs. Tammy
Wise - Post Judgment Interrogatories
•Thomas L. Schuman, as Trustee for 746 G.W.
Wilson Road, 30605 Trust vs. Mystie Lee
• Heritage Crossing Apartments vs. Erica Coker -
Summons of Dispossessory
• Kevin Day vs. Barbara Cokely - Default on Lease
•Wells Fargo Bank, N.A. vs. Bobby T. Shelton & Mary
Jane Hammond - Summons of Dispossessory
• Collection Services of Athens, Inc. Assignee for
City of Royston vs. Barry Bray - Defendant - US
Commerce Housing Authority - Garnishee - Summons
of Continuing Garnishment
• Collection Services of Athens, Inc. Assignee for St.
Mary’s Health Care System, Inc. vs. Marilyn Brown -
Defendant - Baker & Taylor - Garnishee - Summons of
Continuing Garnishment
• Collection Services of Athens, Inc. Assignee for
Athens Regional Medical Center, Inc. vs. Emiliano
Juarez - Defendant - Universal Forest Products, Inc. -
Garnishee - Summons of Continuing Garnishment
• Professional Financial Services Corp. vs. Andy
Minish-Suit on a Note
• Professional Financial Services Corp. vs. Jackie
Phillip Simonds - Suit on a Note
• 1st Franklin Financial vs. Joseph Dixon - Defendant
- Overhead Door - Garnishee - Summons of Continuing
Garnishment
• Robert Lee Cornett vs. Lara Bullard - Summons of
Dispossessory
• Hilda Gee vs. Honesty Stromn - Summons of
Dispossessory
• Rick Ledford vs. Joshua & Mariah Martin -
Summons of Dispossessory
•VTJ, Inc. vs. Lydia White Hill - Writ of Fieri Facias
•Tommy A. Boyd vs. Jonathan Henry - Writ of
Possession
•Georgia Farm Bureau Insurance Co. vs. Daniel
Adams - Defendant - Wayne Farms - Garnishee -
Summons of Continuing Garnishment
•Arrow Financial Services, LLC Assignee of
Washington Mutual Bank vs. Juan Chapparro - Suit
on Account
•Arrow Financial Services, LLC Assignee of CitiBank
(South Dakota), N.A. vs. Alonzo Garcia - Suit on
Account
• Douglas Moore vs. Barbara Hooper Moore and All
Others - Summons of Dispossessory
• Carla Wilson vs. Toya K. Clay - Statement of Claim
•Arcade Mobile Home Park vs. Justin Godfrey &
Occupants - Summons of Dispossessory
•Atlantic Credit & Finance Incorporated Assignee of
Metris Bank vs. Rosemary Bayes - Writ of Fieri Facias
•Asset Acceptance, LLC as Assignee of Dell Financial
Services vs. Shirley Butler - Writ of Fieri Facias
• Capital One Bank (USA) N.A. vs. Robert H. Bishop
- Writ of Fieri Facias
•Win-Win Property, LLC vs. Fernanda Hernandez &
Will Daniels - Summons of Dispossessory
• Midland Funding, LLC Assignee of HSBC vs. Joel
A. Gephart - Suit on Account
•Arrow Financial Services, LLC Assignee of GE
Money Bank vs. Melissa Johnson - Suit on Account
• Midland Funding, LLC Assignee of Citibank vs.
Betty S. Latty - Suit on Account
•Arrow Financial Services, LLC Assignee of
Washington Mutual Bank vs. Cassie M. Fowler - Suit
on Account
• Collection Services of Athens, Inc. Assignee for
St. Mary’s Health Care System, Inc. vs. George Dennis
Brown - Suit on Account
• Eddie Butler vs. Jennifer Lynn - Summons of
Dispossessory
•Village Mobile Home Park vs. Patsy Jackson -
Summons of Dispossessory
•Junaid Hameed, Sam’s Food Mart vs. Dustin Bonds
-Statement of Claim
Default Judgments
• North Star Capital Acquisitions, LLC vs. Robert
Sosebee-Suit on Account
•World Finance Corp. of GA vs. Rene Manfugas -
Suit on a Note
•World Finance Corp. of GA vs. Skyy Armstead - Suit
on a Note
• Branch Banking & Trust vs. Chadwick Daniel - Suit
on a Note
Ordinance Violations
February 3, 2009
•Jackson County vs. Jimmy Sewell - Violation
of County Ordinance - Illegal Discharge of Sewage -
Dismissed at Request of Code Enforcement Officer
•Jackson County vs. Cornelia R. Sewell - Violation
of County Ordinance - Illegal Dumping - Fine $325 -
Fine Paid
•Jackson County vs. Christopher Barry Owens -
Violation of County Ordinance - Nuisance Animal - Fine
$162.50- Fine Paid
•Jackson County vs. Christopher Barry Owens -
Violation of County Ordinance - Leash Law - Fine
$162.50- Fine Paid
purpose.
National Loan Acquisitions
Company As Attorney in Fact
for Chris Pittman and Pam
Pittman
John A. Swann
Freisem, Macon, Swann &
Malone, LLP
2905 Piedmont Road, NE,
Suite C
Atlanta, GA 30305
404-974-4843
(FE4,11,18,2SP4)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia, County of Jackson
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by BOC
ENTERPRISES, LLC, Grantor,
to PEOPLES BANK & TRUST,
Grantee, dated DECEMBER
30, 2005, said deed record
ed in Jackson County Deed
Records at Deed Book 42-D,
Page 524, the undersigned,
PEOPLES BANK & TRUST,
pursuant to said deed and the
Note thereby secured, has
declared the entire amount of
said indebtedness due and
payable and pursuant to the
power of sale contained in said
deed will, on the first Tuesday
in March, 2009, during the
legal hours of sale, at the
Courthouse door in Jackson
County, Georgia, sell at public
outcry, to the highest bidder for
cash, the property described in
said deed, to wit:
All that tract or parcel of
land lying and being in the
248th District, G.M., Jackson
County, Georgia, and being
designated as Lot 11, Pod
E, of Traditions of Braselton,
Phase 1, as shown on a plat of
survey recorded in Plat Book
62, Page 255, in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia,
which plat is incorporated
herein by reference and made
a part of this description.
Said property will be sold
together with any and all fix
tures and personal property
conveyed by said deed. The
sale will be held subject to any
unpaid taxes or other assess
ments which may be liens
against said property; all prior
protective or restrictive cove
nants, rights-of-way, and ease
ments; and all rights of the
Internal Revenue Service as
applicable; and any other mat
ters of record superior to the
PEOPLES BANK & TRUST
Security Deed.
Notice has been given of
intention to collect attorney
fees in accordance with the
terms of the Note secured by
said deed.
Said property will be sold
as the property of BOC
ENTERPRISES, LLC, and the
proceeds of said sale will be
applied to the payment of said
indebtedness, the expense
of said sale, all as provided
in said deed, and the under
signed will execute a deed
to the purchaser at said sale
as provided in the aforemen
tioned Security Deed.
PEOPLES BANK & TRUST,
as Attorney-in-Fact for BOC
ENTERPRISES, LLC
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(FE4,11,18,25P4)
gpnll
Notice of Sale
Notice of Sate Under Power
State of Georgia County of Jackson
Under and by virtue of the
power of sale contained in that
certain Deed to Secure Debt
((Security Deed) executed by
SOUTH EASTERN L & D, LLC
in favor of COMMUNITY BANK
& TRUST dated August 26,
2005, and recorded at Deed
Book 40-I, Pages 747-749 of
the Jackson County, Georgia
Deed Records, modified
Decembers, 2005, recorded at
Deed Book 42-A, Page 497 of
the Jackson County, Georgia
Deed Records, modified
December 26, 2007, record
ed at Deed Book 51-E, Page
51 of the Jackson County,
Georgia Deed Records, the
undersigned will sell at public
outcry to the highest bidder
for cash before the door of
the Courthouse of Jackson
County, Georgia, during the
legal hours of sale, on the first
Tuesday in March, 2009, that
being March 3, 2009, the fol
lowing described property:
All that tract or parcel of
land lying and being in the 245
G.M.D. of Jackson County,
Georgia being 65.934 acres,
more or less, and being Tract
2 as shown on a plat of sur
vey entitled “Boundary Survey
for Louise C. Booth, Ronald
E. Miller and Joanne Yeager”
prepared by Allen L. Venable,
Georgia Registered Land
Surveyor No. 1781, dated
March 2, 2004, recorded in the
Office of the Clerk of Superior
Court Jackson County, Georgia
in Plat Book 62, Page 238
Jackson County, Georgia Plat
Records.
Less and Except the
Cemetery property shown and
delineated on the above men
tioned plat.
Said property is located
at: Highway 124, Jackson
County, Georgia
The debt secured by said
Security Deed is evidenced by
a Promissory Note (the “Note”),
dated September 10, 2008 in
the original principal amount of
$4,646,949.98, payable, prin
cipal and interest from the date
thereof shown on said Note on
the unpaid balance until paid.
Default has occurred in the
payment of the debt evidenced
by the Note and secured by
the Security Deed as a result
of the nonpayment of install
ments owed thereunder. The
total balance of said debt
has, therefore, been declared
due and the Security Deed
foreclosable according to its
terms.
The debt remaining in
default, the property will be
sold to the highest bidder for
cash as the property of South
Eastern L & D, LLC, the pro
ceeds to be applied to the
payment of said indebtedness,
attorneys’ fees (notice of inten
tion to collect attorneys’ fees
having been given), and the
lawful expenses of said sale,
all as provided in the Note
and the Security Deed, said
sale to be subject to any and
all unpaid taxes and assess
ments, and restrictions, ease
ments and liens of record with
priority over the Security Deed
referenced above.
To the best of the under
signed’s knowledge and belief,
the property is in the posses
sion of South Eastern L & D,
LLC and will be sold as the
property of South Eastern L &
D, LLC.
The undersigned will exe
cute a deed to the purchaser
as authorized in the aforemen
tioned Security Deed.
South Eastern L & D, LLC
By: Community Bank &
Trust, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(FE4,11,18,25B/417-60T1)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of a default in
the payment of the indebt
edness secured by that cer
tain Security Deed, dated
January 26, 2007, executed
by BRIAN K. COLLINS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., recorded in Deed Book
47-1, Page 431, Jackson
County, Georgia Deed
Records, and securing a Note
in the original principal amount
of $376,000.00, Mortgage
Electronic Registration
Systems, Inc., the current hold
er thereof, has declared the
entire amount of said indebt
edness evidenced by the Note
immediately due and payable
and, pursuant to the power of
sale contained in said Security
Deed, will, on the first Tuesday
in March, 2009, to-wit: March
3, 2009, during the legal hours
of sale, before the Jackson
County Courthouse door, sell
at public outcry to the highest
bidder for cash, the following
described real property:
All that tract or parcel of
land lying and being in GMD
248, Jackson County, Georgia,
being Lot 9, POD D, Traditions
of Braselton, Phase I, as per
plat recorded in Plat Book 62,
Pages 271 and 272, Jackson
County, Georgia records,
which plat is incorporated
herein and made a part hereof
by reference.
The aforedescribed real
property is also known as
434 Delaperriere Loop,
Jefferson, Georgia, accord
ing to the present system of
numbering houses in Jackson
County, Georgia.
This sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit as to the amount and sta
tus of the loan with the holder
of the Security Deed, including
but not limited to, a determina
tion that the borrower has not
reinstated the loan prior to the
foreclosure sale.
Said real property will be
sold subject to any outstanding
ad valorem taxes (including
taxes which are a lien, but not
yet due and payable), the right
of redemption of any taxing
authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the real property, any assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of
record superior to the Security
Deed first set out above.
Upon information and belief,
said real property is presently
in the possession or control
of BRIAN K. COLLINS and
the proceeds of said sale will
be applied to the payment of
said indebtedness and all the
expenses of said sale, includ
ing attorney’s fees, all as pro
vided in said Security Deed
and the excess proceeds, if
any, will be distributed as pro
vided by law.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as Attorney-in-Fact for
BRIAN K. COLLINS
David W. Adams, Esquire
Ellis, Painter, Ratterree &
Adams LLP
2 East Bryan Street, Suite
1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM
IS ATTEMPTING TO
COLLECT A DEBT ON
BEHALF OF THE ABOVE-
REFERENCED LENDER
AND ANY INFORMATION
WILL BE USED FOR THAT
PURPOSE.
(FE4,11,28,25B/1328-50T4P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by SYTES L. FINCH
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated April 27, 2006,
and recorded in Deed Book
43-T, Page 789, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to EverBank, by
Assignment securing a Note
in the original principal amount
of $132,660.00, the holder
thereof pursuant to said Deed
and Note thereby secured has
declared the entire amount of
said indebtedness due and
payable and, pursuant to the
power of sale contained in
said Deed, will on the first
Tuesday, March 3, 2009, dur
ing the legal hours of sale,
before the Courthouse door
in said County, sell at public
outcry to the highest bidder for
cash, the property described in
said Deed, to-wit:
All that tract or parcel of land
lying and being in Minish GMD
255 District, Jackson County,
Georgia, and being shown as
Lot 124, Phase IV, Brentwood
Estates, as recorded in Plat
Book 60, Page 111, Jackson
County, Georgia Records.
Said property is known as 605
Bishop Court, Commerce,
GA 30529, together with all
fixtures and personal property
attached to and constituting a
part of said property, if any.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, whether or
not now due and payable),
the right of redemption of any
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorney’s
fees in accordance with the
terms of the Note secured by
said Deed.
Said property will be sold as
the property of Sytes L. Finch,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being pres
ently in the possession of Sytes
L. Finch, and the proceeds of
said sale will be applied to the
payment of said indebtedness
and all the expenses of said
sale, including attorney’s fees,
all as provided in said Deed,
and the balance, if any, will be
distributed as provided by law.
EverBank as Attorney-in-
Fact for Sytes L. Finch
File no. 09-009460
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/SJ
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(FE4,11,18,25B/1323-50T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in a
Deed to Secure Debt given
by TERRANCE D. BOWIE to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. as nominee for ACE
MORTGAGE FUNDING
INCORPORATED, dated
June 23, 2006, and record
ed in Deed Book 44-N, Page
135, Jackson County, Georgia
Records, as last transferred
to Deutsche Bank National
Trust Company, as Trustee
under NovaStar Mortgage
Funding Trust, Series 2006-
4 by assignment recorded in
Deed Book 0053H, Page 0425
in Jackson County, Georgia
records, conveying the after-
described property to secure
a Note of even date in the
original principal amount of
$156,750.00, with interest at
the rate specified therein, there
will be sold by the undersigned
at public outcry to the high
est bidder for cash before the
Courthouse door of Jackson
County, Georgia, within the
legal hours of sale on the first
Tuesday in March, 2009, to
wit: March 3, 2009, the follow
ing described property:
Parcel 052B-015A
A certain tract or parcel of
land in Jackson County, in the
State of Georgia, described as
follows:
All that tract or parcel of
land lying and being in the
257th G.M.D. of Jackson
County, Georgia, and being
designated as Lot 15, Block
A of Shepherds Crossing
Subdivision according to that
plat of survey recorded in Plat
Book 62, Page 47, Jackson
County, Georgia records,
which plat is incorporated
herein and made a part hereof
by reference.
This conveyance is subject
to all restrictions and ease
ments of record.
The debt secured by said
Deed to Secure Debt has been
and is hereby declared due
because of, among other pos
sible events of default, failure
to pay the indebtedness as
and when due and in the man
ner provided in the Note and
Deed to Secure Debt. The
debt remaining in default, this
sale will be made for the pur
pose of paying the same and
all expenses of this sale, as
provided in the Deed to Secure
Debt and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
To the best knowledge and
belief of the undersigned, the
party (or parties) in posses
sion of the subject property
known as 331 Psalms Drive,
Jefferson, GA 30549 is (are):
Terrance D. Bowie or tenant or
tenants.
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 dis
closed by an accurate survey
and inspection of the property,
and (c) all matters of record
superior to the Deed to Secure
Debt first set out above, includ
ing, but not limited to, assess
ments, liens, encumbrances,
zoning ordinances, easements,
restrictions, covenants, etc.
The sale will be conducted
subject to (1) confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code; (2)
O.C.G.A. Section 9-13-172.1;
and (3) final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Pursuantto O.C.G.A. Section
9-13-172.1, which allows for
certain procedures regarding
the rescission of judicial and
nonjudicial sales in the State
of Georgia, the Deed Under
Power and other foreclosure
documents may not be provid
ed until final confirmation and
audit of the status of the loan
as provided in the preceding
paragraph.
Deutsche Bank National
Trust Company, as Trustee
under NovaStar Mortgage
Funding Trust, Series 2006-4
as attorney in fact for Terrance
D. Bowie
Richard B. Maner, PC.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
FC08-463
(FE4,11,18,25P4)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by RAYMOND P.
JOLICOEUR and LYNDA-SUE
JOLICOEURtoWASHIGNTON
MUTUAL BANK, FA, dated
July 14, 2005, and recorded in
Deed Book 40-N, Page 579,
Jackson County Records, said
Security Deed having been last
sold, assigned, transferred and
conveyed to Wells Fargo Bank,
N.A. as Trustee of WAMU
Mortgage Pass-Through
Certificates, Series 2005-PR4,
by Assignment securing a Note
in the original principal amount
of $118,500.00, the holder
thereof pursuant to said Deed
and Note thereby secured has
declared the entire amount of
said indebtedness due and
payable and, pursuant to the
power of sale contained in
said Deed, will on the first
Tuesday, March 3, 2009, dur
ing the legal hours of sale,
before the Courthouse door
in said County, sell at public
outcry to the highest bidder for
cash, the property described in
said Deed, to-wit:
ALL THAT TRACT OR
PARCEL OF LAND lying
and being in 248TH GMD of
JACKSON County, Georgia,
being LOT 30, Block A, of
JACKSON MEADOWS,
PHASE 1 as per plat recorded
in Plat Book 60, Page 281,
JACKSON COUNTY, Georgia
records, which plat is incorpo
rated herein and made a part
hereof by reference.
Said property is known as 113
Pine Cove Court, Hoschton,
GA 30548, together with all
fixtures and personal property
attached to and constituting a
part of said property, if any.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, whether or
not now due and payable),
the right of redemption of any
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
The sale will be conducted
subject (1) to confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code and
(2) to final confirmation and
audit of the status of the loan
with the holder of the security
deed.
Notice has been given of
intention to collect attorney’s
fees in accordance with the
terms of the Note secured by
said Deed.
Said property will be sold
as the property of Raymond
P. Jolicoeur and Lynda-Sue
Jolicoeur, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Raymond P. Jolicoeur
and Lynda-Sue Jolicoeur, and
the proceeds of said sale will
be applied to the payment of
said indebtedness and all the
expenses of said sale, includ
ing attorney’s fees, all as pro
vided in said Deed, and the
balance, if any, will be distrib
uted as provided by law.
Wells Fargo Bank, N.A. as
Trustee of WAMU Mortgage
Pass-Through Certificates,
Series 2005-PR4 as Attorney-
in-Fact for Raymond P.
continued on following page