Newspaper Page Text
PAGE 4D
THE JACKSON HERALD
WEDNESDAY, JUNE 17, 2009
Legal Notices
Civil Lawsuits
Superior Court
•Sierra A. Weldon vs. Patricia Shore Weldon -
Complaint for Recovery of Child Support
• Brianna N. Crumley vs. William C. Crumley -
Complaint for Contempt
• Benjamin Daniel Jones and Lillian Elizabeth Jones
vs. William C. Crumley - Complaint for Contempt
•Summer A. Howington vs. Frank Reed - Complaint
for Contempt
•Toni N. Bellotte and Anthony A. Buice Jr. vs.
Anthony Andrew Buice - Complaint for Contempt
•Ashleigh Dobbins and McKenzie E. Dobbins vs.
Christine Dobbins - Complaint for Recovery of Child
Support
•Titiyanna L. Ransom and Timothy L. Ransom Jr. vs.
Monica L. Hughey - Complaint for Contempt of Court
• Michael Ennis and Ashley A. Ennis vs. Kimberly L.
Ennis - Complaint for Contempt
• Discover Bank vs. Ana C. Abreu - Suit on Account
• North Star Capital Acquisition LLC Assignee of
Wells Fargo Financial vs. James C. Forster - Suit on
Account
• Chestatee State Bank vs. Copperfield Enterprises,
Inc., David L. Ringo and Stephanie J. Ringo - Complaint
for Confirmation of Sale Under Power
• Fidelity Bank vs. Sandra D. Franklin - Suit on
Contract
• Ford Motor Credit Co. vs. Shannon M. Kendrix and
Anthony D. Kendrix - Complaint on a Contract
• Morris Ricky Savage vs. Patricia Ruth King Savage
- Petition for Change of Custody
•Roger Michael Pace Jr. vs. Jennifer Swain Pace -
Petition for Modification of Child Custody and Child
Support Agreement
•State of Georgia vs. 1995 Ford Pickup (VIN
1FTHX26F8SKB31366) and James Michael Jones -
Complaint for Forfeiture
•State of Georgia vs. 1989 Chevrolet GMT 400 (VIN
1GCDC14K6K280287) and Jeffrey Scott Williamson -
Complaint for Forfeiture
•Assignee of Harvest Credit Management VII, LLC
Juniper Bank vs. Kathleen T. Kudela - Suit on Account
• HSBC Bank Nevada, N.A. vs. Pang H. Thao -
Complaint on Account
•Jina C. Jones vs. Roy N. Jones - Complaint for
Modification of Visitation/Shared Parenting Time
•Stacie Ricketts vs. Ricky Waldrop - Petition for
Stalking Temporary Protective Order
•Capital One Bank (USA) NA vs. Huy D. Phan - Suit
on Account
•State of Georgia vs. $546.00 Lawful US Currency
and Michael Shane Collins - Complaint for Forfeiture
•State of Georgia vs. $220.00 Lawful US Currency,
2000 Red Ford Mustang (VIN 1FAFP45X6YF215349)
and Jesus Ramirez - Complaint for Forfeiture
•State of Georgia vs. $142.00 Lawful US Currency
and Ashley Ramirez - Complaint for Forfeiture
•State of Georgia vs. $2,550.00 Lawful US Currency,
1994 Nissan Pathfinder (VIN JN84HD17Y4RW322471)
and Blake Mitchell Willis - Complaint for Forfeiture
•Six Divorce Cases were Filed
June 3, 2009 - June 10, 2009
State Court
• Capital One Bank (USA), N.A. vs. Elizabeth J.
Alewine - Plaintiff’s Complaint Breach of Contract
• Roofing & Insulation Supply, Inc. vs. Gary Black —
Complaint on Account
•Shelly Welch Cox, LLC vs. Leslie D. Kimbell -
Complaint on Contract
• Columbia Credit Services, Inc. vs. Thomas Martin
-Complaint
• Portfolio Recovery Assoc, LLC vs. William S.
Willoughby - Complaint on Account
• Cavalry Portfolio Services LLC A/A/0 Cavalry SPV
I, LLC vs. Quincy A. Arnold Sr. - Garnishee - Hamilton
State Bank - Affidavit for Garnishment
• Cavalry Portfolio Services LLC as Assignee of
Cavalry SPV, as Assignee vs. Mitch Bennett - Garnishee
- Attn: Branch Mgr AFB&T - Garnishment
• Gwinnett Hospital System Inc. vs. Nancy Poindexter
- Garnishee - Jackson Electric Membership Corporation
- Affidavit for Continuing Garnishment
• Maverick Materials, Inc. vs. Steven W. Ondre and
Courtney C. Ondre - Complaint Action to Foreclose
Lien
• Cypress Financial Recoveries, LLC vs. Charnan A.
Miller - Complaint on a Contract
• D/B/A 3TM Enterprises, LLC and CRDN of Atlanta
vs. Carrie Chesser and Carrie Chesser (Individual) -
Complaint on Account
• Unifund CCR Partners vs. Louise H. Simms -
Plaintiffs Complaint Breach of Contract
June 4, 2009 - June 9, 2009
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of
sale contained in that certain
Security Deed from HOODS
MILL DEVELOPMENT, INC.
to BRANCH BANKING AND
TRUST COMPANY, as succes
sor to MAIN STREET BANK,
dated August 4, 2006, and
recorded in Deed Book 442,
Page 671, Jackson County,
Georgia Records (hereinafter
referred to as “Deed to Secure
Debt”), said Deed to Secure
Debt securing a Promissory
Note (“Note”) in the original
principal sum of ONE MILLION
ONE HUNDRED SIXTEEN
THOUSAND AND 00/100
DOLLARS ($1,116,000.00),
with interest from said date at
the rate stated in said Note
on the unpaid balance until
paid, there will be sold by the
undersigned at public out
cry to the highest bidder for
cash before the Courthouse
at Jackson County, Georgia,
within the legal hours of sale
on Tuesday, July 7, 2009, the
property described on Exhibit
“A” attached hereto and incor
porated herein by reference.
The debts secured by said
Deed to Secure Debt have
been and are hereby declared
due and payable because of,
among other possible events
of default, failure to make pay
ments on said Note. The debts
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, including
attorney’s fees.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, liens, encumbrances,
zoning ordinances, restric
tions, easements, covenants,
and matters of record superior
to the Deeds to Secure Debt
first set out above, including,
but not necessarily limited to,
senior encumbrances that will
not be extinguished by the
foreclosure sale contemplated
by this Notice.
To the best knowledge and
belief of the undersigned,
the Party in possession of
the property is Hoods Mill
Development, Inc. or a ten
ant or tenants, and said prop
erty is more commonly known
as LOTS 29 AND 38, RIDGE
MILL MANOR SUBDIVISION,
JACKSON COUNTY,
GEORGIA. However, please
rely only on the legal descrip
tion contained in this notice
for the location of the prop
erty. Please be advised that
the undersigned reserves the
right to sell the units separately
or together.
Branch Banking and Trust
Company
Attorney in Fact for Hoods
Mill Development, Inc.
Martin G. Quirk, Esq.
Angela M. Hurley, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive,
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of land
lying and being in G.M.D. 255
of Jackson County, Georgia,
being Lots 29 and 38 of Ridge
Mill Manor Subdivision, Phase
I, according to plat of survey
recorded in Plat Book 62, Page
175, Jackson County, Georgia
Records, which plat and the
record thereof are incorporated
herein by reference thereto.
(JN10,17,24JU1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Construction Deed
to Secure Debt and Security
Agreement made by LPI
BUILDERS GROUP, LLC, a
Georgia limited liability com
pany, Grantor, to COLONIAL
BANK, AN ALABAMA
BANKING CORPORATION,
AS SUCCESSOR THROUGH
CONVERSION TO COLONIAL
BANK, N.A., Grantee, on
the 31st day of May, 2005,
(“Security Deed”), said deed
recorded on June 6, 2005, in
the Superior Court of Jackson
County, Georgia, in Deed
Book 39D, Page 123, convey
ing the after-described prop
erty to secure that certain
Non-Consumer Real Estate
Note from Grantor payable to
Grantee, in the original prin
cipal amount of Three Million
Four Hundred Seven Thousand
Nine Hundred Fifty and no/100
Dollars ($3,407,950.00), dated
May 31,2005, and all modifica
tions thereof, with the last mod
ification dated August 27, 2008,
in the principal amount of ONE
MILLION TWO HUNDRED
FIFTY-ONE THOUSAND
NINE HUNDRED AND NO/100
DOLLARS ($1,251,900.00),
with interest thereon as set
forth therein (the “Note”), there
will be sold at public outcry
to the highest bidder for cash
before the Courthouse door
of Jackson County, Georgia,
within the legal hours of sale
on the first Tuesday in July
2009, the following described
real estate situated in Jackson
County, Georgia, to wit:
All that tract or parcel of
land lying and being in GMD
248, Jackson County, Georgia,
beings Lots 7, 10, 16, 22, 23,
24, 25, 28, 29, 30, 31, 34, 37,
41,43, 51, 52, and 58, Pod D,
Traditions of Braselton, Phase
1, as per plat recorded in Plat
Book 62, Pages 271 and 272,
Jackson County, Georgia
Records, which plat is hereby
incorporated herein by refer
ence.
[Lots 2, 3, 4, 5, 6, 8, 9, 11,
17, 18, 19, 20, 21, 32, 33, 35,
36, 38, 39, 40, 42, 44, 45, 46,
47, 48, 53, 54, 55, 56, and 57
are being purposely exclud
ed from the legal description
above. Lots 7, 10, 16, 22, 23,
24, 25, 28, 29, 30, 31, 34, 37,
41,43, 51, 52, and 58, Pod D,
Traditions of Braselton, Phase
1, are the only lots being fore
closed upon.]
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable because of,
among other possible events
of default, failure to pay the
indebtedness as and when
due and in the manner pro
vided in the Notes. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including Attorney’s
fees (notice of intent to collect
Attorney’s fees having been
given as provided by law). The
property will be sold for cash or
certified funds and subject to
any and all matters of record
superior to said Security Deed,
outstanding ad valorem taxes,
any matters which might be dis
closed by an accurate survey
and inspection of the property,
zoning ordinances, restrictions,
covenants, and easements
against the property, if any.
The sale will be conducted as
set forth herein subject to (1)
confirmation prior to the sale
that the sale is not prohib
ited under the U.S. Bankruptcy
Code and (2) final confirmation
and audit prior to the sale of
the status of the loan with the
holder of the Security. Grantee
reserves the right to sell the
property in one parcel or as an
entirety, or in such parcels as
Grantee may elect, as permit
ted in the Security Deed.
To the best of the under
signed’s knowledge and belief,
the property is located at Lots
7, 10, 16, 22, 23, 24, 25, 28, 29,
30, 31, 34, 37, 41, 43, 51, 52,
and 58, Pod D, Traditions of
Braselton, Phase 1, Jackson
County, Georgia, and the party
in possession of the property is
LPI Builders Group, LLC, or its
tenant or tenants.
Colonial Bank as Attorney-
in-Fact for LPI Builders Group,
LLC
Sasser, Sefton, Connally,
Tipton & Davis, PC.
R. Brian Tipton, Esq.
100 Colonial Bank Blvd.,
Suite B201
Montgomery, AL 36117
(334) 532-3400
(JN10,17,24,JU1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Construction Deed
to Secure Debt and Security
Agreement made by LPI
BUILDERS GROUP, LLC, a
Georgia limited liability com
pany, Grantor, to COLONIAL
BANK, AN ALABAMA
BANKING CORPORATION,
AS SUCCESSOR THROUGH
CONVERSION TO COLONIAL
BANK, N.A., Grantee, on
the 31st day of May 2005
(“Security Deed”), said deed
recorded on June 6, 2005, in
the Superior Court of Jackson
County, Georgia, in Deed
Book 39D, Page 129, and
that certain Ratification and
Confirmation of Security Deed
and Cancellation of Discharge
and Satisfaction of Security
Deed dated December 16,
2008, and recorded on January
1, 2009, in the Superior Court
of Jackson County, Georgia
at Book 53-Y, Page 0681,
conveying the after-described
property to secure that certain
Non-Consumer Real Estate
Note from Grantor payable to
Grantee, in the original principal
amount of THREE HUNDRED
FOURTEEN THOUSAND
EIGHT HUNDRED
AND NO/100 DOLLARS
($314,800.00), dated May 31,
2005 (Lot 26), and all modifica
tions thereof, with the last mod
ification dated August 27, 2008,
in the principal amount of TWO
NINETY-FIVE THOUSAND
THREE HUNDRED FORTY
AND NO/100 DOLLARS
($295,340.00), with interest
thereon as set forth therein
(the “Note”), there will be sold
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 July 2009, the fol
lowing described real estate
situated in Jackson County,
Georgia, to wit:
All that tract or parcel of land
lying and being in GMD 248,
Jackson County, Georgia, being
Lot 26, Pod D, Traditions of
Braselton, Phase 1, as per
plat recorded in Plat Book 62,
Pages 271 and 272, Jackson
County, Georgia Records,
which plat is hereby incorpo
rated herein by reference.
[Lots 1, 12, 13, 14, 15, 27,49,
50, and 59, are being purposely
excluded from the above legal
description. Lot 26, Pod D,
Traditions of Braselton, Phase
1, is the only lot being fore
closed upon.]
The indebtedness secured
by said Security Deed has
been and is hereby declared
due and payable because of,
among other possible events
of default, failure to pay the
indebtedness as and when
due and in the manner pro
vided in the Note. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including Attorney’s
fees (notice of intent to collect
Attorney’s fees having been
given as provided by law). The
property will be sold for cash or
certified funds and subject to
any and all matters of record
superior to said Security Deed,
outstanding ad valorem taxes,
any matters which might be dis
closed by an accurate survey
and inspection of the property,
zoning ordinances, restrictions,
covenants, and easements
against the property, if any.
The sale will be conducted as
set forth herein subject to (1)
confirmation prior to the sale
that the sale is not prohib
ited under the U.S. Bankruptcy
Code and (2) final confirmation
and audit prior to the sale of
the status of the loan with the
holder of the Security. Grantee
reserves the right to sell the
property in one parcel or as an
entirety, or in such parcels as
Grantee may elect, as permit
ted in the Security Deed.
To the best of the under
signed’s knowledge and belief,
the property is located at Lot
26, Pod D, Traditions of
Braselton, Phase 1, Jackson
County, Georgia, and the party
in possession of the property is
LPI Builders Group, LLC, or its
tenant or tenants.
Colonial Bank as Attorney-
in-Fact for LPI Builders Group,
LLC
Sasser, Sefton, Connally,
Tipton & Davis, PC.
R. Brian Tipton, Esq.
100 Colonial Bank Blvd.,
Suite B201
Montgomery, AL 36117
(334) 532-3400
(JN10,17,24,IU1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of a default in
the payment of the indebted
ness secured by a Security
Deed executed by CATHY
MUNDY and C. VAN MUNDY
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated May 27, 2005, and
recorded in Deed Book 39-G,
Page 260, Jackson County
Records, said Security Deed
having been last sold, assigned,
transferred and conveyed to
US Bank National Association,
as Trustee for Credit Suisse
First Boston CSFB ARMT
2006-1, by Assignment secur
ing a Note in the original prin
cipal amount of $80,500.00,
the holder thereof pursuant to
said Deed and Note thereby
secured has declared the
entire amount of said indebt
edness due and payable and,
pursuant to the power of sale
contained in said Deed, will on
the first Tuesday, July 7, 2009,
during 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 improved prop
erty on which a frame dwelling
is located lying and being in the
City of Commerce, Jackson
County, Georgia, and being all
of Lots 14 and 15 in Block D of
the subdivision of Mrs. Estelle
Harber Hollbrook. Lot No. 14
fronting 50 feet on McArthur
Street and running back both
lines 150 feet, being 50 feet
wide at rear, Lot No. 15 fronting
50 feet on McArthur Street and
west line being 165 feet long
and east line being 148 feet
long, being 50 feet wide at rear.
Said lots more fully described
in plat of the subdivision of
Mrs. Estelle Harber Hollbrook
on File by Clerk’s Office of
Jackson Superior Court in Plat
Book 2, Page 51.
Said property is known as 98
McArthur Street, 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 tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 Cathy Mundy
and C. Van Mundy, the prop
erty, to the best information,
knowledge and belief of the
undersigned, being presently
in the possession of Cathy
Mundy and C. Van Mundy, 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.
US Bank National
Association, as Trustee for
Credit Suisse First Boston
CSFB ARMT 2006-1 as
Attorney-in-Fact for Cathy
Mundy and C. Van Mundy
File no. 08-009190
L. J. SWERTFEGER, JR.
SHAPIRO&SWERTFEGER,
LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770)220-2535/RS
www. swe rtfeg er.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(JN10,17,24,JU1B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of
sale contained in that cer
tain Deed to Secure Debt
and Security Agreement from
QUALITY HOUSING GROUP,
INC. to BRANCH BANKING
AND TRUST COMPANY
dated March 27, 2007, and
recorded in Deed Book 48-C,
Page 279, Jackson County,
Georgia Records (hereinafter
referred to as “Deed to Secure
Debt”), said Deed to Secure
Debt securing a Promissory
Note (“Note”) in the original
principal sum of ONE MILLION
ONE HUNDRED THIRTY
SIX THOUSAND EIGHT
HUNDRED AND 00/100
DOLLARS ($1,136,800.00)
with interest from said date at
the rate stated in said Note
on the unpaid balance until
paid, there will be sold by the
undersigned at public out
cry to the highest bidder for
cash before the Courthouse
at Jackson County, Georgia,
within the legal hours of sale
on Tuesday, July 7, 2009, the
property described on Exhibit
“A” attached hereto and incor
porated herein by reference.
The debts secured by said
Deed to Secure Debt have
been and are hereby declared
due and payable because of,
among other possible events
of default, failure to make pay
ments on said Note. The debts
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, including
attorney’s fees.
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, liens, encumbrances,
zoning ordinances, restric
tions, easements, covenants,
and matters of record superior
to the Deeds to Secure Debt
first set out above, including,
but not necessarily limited to,
senior encumbrances that will
not be extinguished by the
foreclosure sale contemplated
by this Notice.
To the best knowledge and
belief of the undersigned, the
Party in possession of the prop
erty is Quality Housing Group,
Inc. or a tenant or tenants, and
said property is more com
monly known as LOTS 30, 39,
AND 41, RIDGE MILL MANOR
SUBDIVISION, JACKSON
COUNTY, GEORGIA.
However, please rely only on
the legal description contained
in this notice for the location of
the property. Please be advised
that the undersigned reserves
the right to sell the units sepa
rately or together.
Branch Banking and Trust
Company Attorney in Fact for
Quality Housing Group, Inc.
Martin G. Quirk, Esq.
Angela M. Hurley, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive,
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of
land lying and being in Minish
GMD 255 of Jackson County,
Georgia, being Lots 30,39
and 41, Ridge Mill Manor
Subdivision, Phase I, accord
ing to plat of survey recorded
in Plat Book 62, Page 175,
Jackson County, Georgia
Records, which plat and the
record thereof are incorporated
herein by reference thereto.
(JN 10,17,24,JU1P4)
gpn11
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 MICHAEL
BIERING TO MORTGAGE
Electronic Registration
Systems, Inc., dated March 10,
2006, and recorded in Deed
Book 43-B, Page 781, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to US Bank National
Association as Trustee, by
Assignment securing a Note
in the original principal amount
of $134,100.00, 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, July 7, 2009, during
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 General Militia
District 245 of Jackson County,
Georgia, being Lot 78, Block
A, Brookside Subdivision, as
per plat recorded in Plat Book
64, Page 70, Jackson County
Records, said plat being incor
porated herein by reference
thereto.
Said property is known as
395 Fairfield Drive, Jefferson,
GA 30549, 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 tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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
continued on following page