Newspaper Page Text
WEDNESDAY, JULY 22, 2009
THE JACKSON HERALD
PAGE 9C
Legal Notices
Civil Lawsuits
Superior Court
•Tavoccea X. Davis vs. Lakeythia Q. Davis -
Complaint for Recovery of Child Support
• Daija I. Gresham vs. Korman Demetris Banks and
Anganekta L. Gresham - Petition to Adopt Agency
Recommendation
•Shaylyn Spence and Kally Spence vs. Clatyon
Spence - Complaint for Recovery of Child Support
• Latesha U. Rakestraw vs. Carlando Carson -
Complaint for Contempt
•Trenton D. Jarrettvs. Thomas J. Jarrett-Complaint
for Contempt
• McKenzie Bell vs. Joseph C. Bell - Complaint for
Contempt
•Joseph J. Bell vs. Joseph C. Bell - Complaint for
Contempt
•Gloria M. Goss vs. Marion J. Goss - Complaint
for Contempt
•Skila R. Williams and Sharlie K. Holt vs. Robert R.
Holt - Complaint for Contempt
• Matthew J. Cable, Christina M. Cable, Robert
A. Hardigree Jr. and Nikki R. Hardigree vs. Rose L.
Hardigree - Complaint for Recovery of Child Support
•Jodeci R. Gresham vs. Carlando V. Carson -
Complaint for Contempt
• Rhonda Christine Garrison Carr - Petition to
Change Name of Minor Child
• Capital One Bank (USA) NA vs. Adan Diaz - Suit
on Account
•Jessie R. Coleman vs. Donald R. Coleman -
Complaint for Contempt
• Ford Motor Credit Company vs. Gary M. Morgan
III-Complaint on a Contract
• North Star Capital Acquisition, Assignee of Wells
Fargo Finance vs. Gene Reynolds - Summons/Suit
on Account
• Monica Payne vs. Jesse Payne - Petition for
Temporary Protective Order
•Assignee of LVNV Funding, LLC and Sears Premier
Card vs. Joy Burt - Complaint on Account
• Midland Funding LLC Assignee of Verizon
Wireless vs. William Williamson - Petition to Confirm
Arbitration
• LVNV Funding LLC Assignee of Wells Fargo vs.
Jason Veal - Suit on Account
• LVNV Funding LLC Assignee of Citibank ND vs.
Kerry Arnold - Suit on Account
• Capital One Bank (USA) NA vs. Joshua H. Epps -
Suit on Account
• Midland Funding LLC Assignee of HSBC Bank of
NA vs. Cindy Garguilo - Suit on Account
• Ford Motor Credit Company vs. Linda G. Brown -
Garnishee - Peachtree Village Senior Living Community
- Affidavit for Continuing Garnishment
• Ford Motor Credit Company vs. Mario J. Topia -
Garnishee - Kubota Ind. Equipment Corp. - Affidavit for
Continuing Garnishment
•Asset Acceptance, LLC Assignee of Public Services
Enterprises Group vs. Adan Diaz - Complaint on a
Contract
•RTC Financial Group Assignee of Chase Bank USA
NA vs. Richard Porter - Complaint on a Contract
• Hazel Ludeman vs. Maggie Ludeman - Petition for
Temporary Protective Order
•Jefferson Police Department vs. Miscellaneous
Items of Personal Property/Evidence in the Custody
of-Application to Sell or Destroy
• Discover Bank vs. Tommy D. Thompson - Suit
on Account
•Block USA GA Division, LLC vs. Buford 96 Builders,
Inc. - Complaint on Account
• Mar-Jac Poultry vs. Jackson County Board of Tax
Assessors - Certification of Appeal for Arbitration
•Assignee of First Financial Investment Fund II, LLC
HSBC Card Services, Inc. vs. Eugene C. Smithson Sr. -
Suit on Account
• Margaret M. Wilkerson vs. Gregory N. Duvall -
Petition for Temporary Protective Order
• Discover Bank vs. Flavio A. Merlos - Suit on
Account
• Discover Bank vs. John W. Chrisley - Suit on
Account
•Roy Bishop House Movers, LLC vs. Travis Hayes
- Complaint for Breach of Contract, Conversion and
Stubborn Litigiousness w/Exhibits
•Capital One Bank (USA) NA vs. Vickie M. Adams
- Suit on Account
•Assignee of RPR Holdings, Inc. and Citibank vs.
Adam R. Fleeman - Complaint on a Contract
•Assignee of Valencia Holdings, Inc. and Citibank vs.
Richard E. Dills - Complaint on Contract
• Christopher R. Mizer vs. Cruise FKA/Mizer -
Petition for Modification of Child Custody
• Ford Motor Credit Company vs. Rosaline M. Bibby
and Ashley R. Bibby - Complaint on a Contract
•Autocredit Investment of Georgia vs. James P. Todd
- Complaint on a Contract
• Manning Brothers Food Equipment Co. Inc. vs.
Nupin, Inc. DBA/Fusion on the Square - Suit on
Account
•John Terry Brown vs. Deep Green Bank and Third
Federal Savings and Loan - Complaint for Damages
and Equitable Relief
• Discover Bank vs. Barbara J. Reed - Suit on
Account
• HSBC Bank Nevada, NA vs. Bethany Doherty - Suit
on Account
• HSBC Bank Nevada, NA vs. Carmen I. Cruz - Suit
on Account
• Botts Etc., Inc. vs. Megic Media, Inc. - Complaint
for Breach of Contract and Unjust Enrichment
• Investment Housing vs. Donovan Spicer - Affidavit
for Summons of Dispossessory
• Eleven Divorce Cases were Filed
June 24, 2009 -July 7, 2009
State Court
•Athens Regional Medical Center, Inc. vs. Tracy B.
Thomas - Garnishee - Overhead Door Co. of Athens,
Inc. - Continuing Garnishment
•Assignee of Citibank RPR Holdings, Inc. vs. John
N. Langston - Garnishee - Community Bank & Trust
-Garnishment
•TNC Finance, Inc. Assignee of TNC Enterprises, Inc.
and TNC Enterprises, Inc. vs. Annette Patrick - Verified
Complaint on Contract
•TNC Finance Assignee of TNC Enterprises vs.
Charles Johnson - Verified Complaint on Contract
•American Express Centurion Bank vs. Nikki Brush —
Complaint on Account
•Assignee of North Star Capital Acquisition Wells
Fargo Financial vs. Eric R. Randalow - Complaint on
Account Transfer from Franklin County
• Gwinnett Hospital System, Inc. vs. Sardys Benjamin
-Complainton a Contract
• LVNV Funding Assignee of Citi Bank Sears Gold
Mastercard vs. Susan 0. Graham - Complaint - Suit
on Contract
•Assignee of Worldwide Asset Purchasing, LLC Direct
Merchant Bank vs. Eric D. Duzan - Garnishee - Colbert
Sign Works - Affidavit for Continuing Garnishment
• Builders Insurance vs. Donald Vaughn - Complaint
on a Contract
•Associated Credit Union vs. Paul E. Eisner - Suit
on Agreement
• Its Successor or Assigns Green Tree Servicing, LLC
vs. Lisa M. Bailey and Jerry L. Neese - Petition for Writ
of Possession
• DBA Medical Center Anesthesiology of Athens, PC.
Medical Center Anesthesiology vs. Augusta Lee - Suit
on Account
•Amtrust North America vs. Larry Peek and Charles
Steadman - Complaint for Worker’s Compensation
Premiums
• Portfolio Recovery Associates vs. Robert C.Sosebee
- Garnishee - Community Bank & Trust - Affidavit for
Regular Garnishment
• Unifund CCR Partners vs. Frankie Catron -
Complaint on Contract
• Portfolio Recovery Associates, LLC vs. Kliness J.
Debuty - Complaint on Account
June 25, 2009 -July 6, 2009
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of
Sale contained in that certain
Security Deed from TIMOTHY
L. BURKE and MARY S.
BURKE toBRANCH BANKING
AND TRUST COMPANY,
dated July 09, 2008, recorded
July 15, 2008, in Deed Book
52-V, Page 787, Jackson
County, Georgia Records,
said Security Deed having
been given to secure a Note
of even date in the principal
amount of TWO HUNDRED
THIRTY-EIGHT THOUSAND
SEVEN HUNDRED TWENTY-
THREE DOLLARS AND NO
CENTS ($238,723.00), with
interest thereon as provided
for therein, 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 August, 2009,
all property described in said
Security Deed including but
not limited to the following
described property:
All that tract or parcel of land
lying and being in the 245th
and 248th District, Jackson
County, Georgia, being Lot 29
and 30, Pod P of Traditions
of Braselton Subdivision, as
per plat recorded in Plat Book
64, Pages 150-152, Jackson
County, Georgia Records,
which plat is incorporated
herein by reference and made
a part hereof.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due because of default under
the terms of said Security
Deed and Note, including but
not limited to the nonpayment
of the indebtedness as and
when due. The indebtedness
remaining in default, this sale
will be made for the purpose of
paying the same, all expenses
of the sale, including attor
neys’ fees and all other pay
ments provided for under the
terms of the Security Deed
and Note. Said property will
be sold subject to the following
items which may affect the title
to said property: all zoning ordi
nances; matters which would
be disclosed by an accurate
survey or by an inspection of
the property; any outstand
ing taxes, including but not
limited to ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills for
public utilities which constitute
liens upon said property; all
restrictive covenants, ease
ments, rights-of-way and any
other matters of record supe
rior to said Security Deed.
To the best of the knowl
edge and belief of the under
signed, the party in posses
sion of the property is Timothy
L. Burke and Mary S. Burke or
tenant(s).
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.
Branch Banking and Trust
Company as Attorney in Fact
for Timothy L. Burke and Mary
S. Burke.
Contact: Patrick J. Geheren,
Esq.
1535 Mount Vernon Road
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JU8,15,22,29P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of a Power of
Sale contained in that certain
Security Deed from JAMES
LARRY COGGINS, JR. and
DONNA D. COGGINS to
BRANCH BANKING AND
TRUST COMPANY, dated
September 9, 2005, recorded
September 15, 2005, in Deed
Book 40-P, Page 51, Jackson
County, Georgia Records,
said Security Deed having
been given to secure a Note
of even date in the princi
pal amount of NINETY-TWO
THOUSAND SIX HUNDRED
TEN DOLLARS AND NO
CENTS ($92,610.00), with
interest thereon as provided
for therein, 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 August 2009,
all property described in said
Security Deed including but
not limited to the following
described property:
All that tract or parcel of
land lying and being in the
248th District, GM, Jackson
County, Georgia, being Lot 23,
Pod R, Traditions of Braselton
- Phase 2 Subdivision, as
per plat thereof recorded in
Plat Book 66, Pages 48-53,
Jackson County, Georgia
Records, which recorded plat
is incorporated herein by ref
erence and made a part of this
description
The indebtedness secured
by said Security Deed has
been and is hereby declared
due because of default under
the terms of said Security
Deed and Note, including but
not limited to the nonpayment
of the indebtedness as and
when due. The indebtedness
remaining in default, this sale
will be made for the purpose of
paying the same, all expenses
of the sale, including attor
neys’ fees and all other pay
ments provided for under the
terms of the Security Deed
and Note. Said property will
be sold subject to the following
items which may affect the title
to said property: all zoning ordi
nances; matters which would
be disclosed by an accurate
survey or by an inspection of
the property; any outstand
ing taxes, including but not
limited to ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills for
public utilities which constitute
liens upon said property; all
restrictive covenants, ease
ments, rights-of-way and any
other matters of record supe
rior to said Security Deed.
To the best of the knowledge
and belief of the undersigned,
the party in possession of
the property is James Larry
Coggins, Jr. and Donna D.
Coggins or tenant(s). 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.
Branch Banking and Trust
Company as Attorney in Fact
for James Larry Coggins, Jr.
and Donna D. Coggins.
Contact: Patrick J. Geheren,
Esq.,
1535 Mount Vernon Road,
Atlanta, GA 30338
TEL (678) 587-9500.
THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(JU8,15,22,29P4)
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 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, August 4, 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 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
395Fairfield 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
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 Michael
Biering, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Michael Biering, 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 distrib
uted as provided by law.
US Bank National
Association as Trustee as
Attorney-in-Fact for Michael
Biering
File no. 09-013892
SHAPIRO &
SWE RTF EGER*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/LW
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(JU8,15,22,29B/1323-50T1P)
gpnll
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia County of Jackson
Under and by virtue of the
power of sale contained in
that certain Construction Deed
to Secure Debt, Security
Agreement, Assignment
of Leases and Rents, and
Assignment of Contracts and
Plans from the following grant
or: ATREUS COMMUNITIES
OF NORTHEAST ATLANTA,
INC. (f/k/a HOMELIFE
COMMUNITIES OF
NORTHEAST ATLANTA,
INC.), (the “Grantor”) to
KEYBANK NATIONAL
ASSOCIATION (the
“Lender”), dated February
7, 2007, recorded at Deed
Book 470, page 70, Jackson
County Records (as modified,
renewed, restated or other
wise amended from time to
time, and hereinafter referred
to as the “Security Deed”),
said Security Deed currently
securing debts (collectively the
“Secured Debt”) evidenced
by (i) those certain Revolving
Loan Promissory Notes in the
maximum aggregate principal
amount of SIXTY MILLION
AND 00/100 DOLLARS
($60,000,000.00), executed
by Atreus Communities of
America, LLC (f/k/a Homelife
Communities of America, LLC)
(“Atreus Communities”), as
thereafter joined in and exe
cuted by Atreus Homes and
Communities of America, LLC
(“Atreus Homes”) and made
payable to the order of Lender
(as modified, renewed, restat
ed or otherwise amended from
time to time, and hereinafter
collectively referred to as the
“Atreus Communities Notes”),
together with interest there
on as provided therein and
in the Security Deed and (ii)
the Related Loan Documents
(as defined in the Security
Deed), including, without limi
tation, that certain Promissory
Note dated as of June 29,
2007 in the maximum princi
pal amount of FIVE MILLION
TWO HUNDRED THIRTY
FIVE THOUSAND NINE
HUNDRED THIRTY FOUR
AND 00/100 DOLLARS
($5,235,934.00) executed by
Atreus Communities of New
Mexico, Inc. (f/k/a Homelife
Communities of New Mexico,
Inc.) (“Atreus New Mexico”)
and made payable to the
order of Lender (as modified,
renewed, restated or other
wise amended from time to
time, and hereinafter referred
to as the “Atreus New Mexico
Note”), together with interest
thereon as provided therein
and in the Security Deed,
and that certain Promissory
Note dated as of May 16,
2007 in the original principal
amount of ONE MILLION
EIGHTY SEVEN THOUSAND
FIVE HUNDRED AND 00/100
DOLLARS ($1,087,500.00)
executed by AC Land &
Development, LLC (f/k/a HLC
Land & Development, LLC)
(“AC Land”, and together
with Atreus Communities,
Atreus Homes and Atreus
New Mexico, collectively the
“Borrower”) (as modified,
renewed, restated or other
wise amended from time to
time, and hereinafter referred
to as the “AC Land Note”,
and together with the Atreus
Communities Notes and the
Atreus New Mexico Note col
lectively the “Notes”), togeth
er with interest thereon as
provided therein and in the
Security Deed, there will be
sold by the undersigned at
public outcry before the door
of the Courthouse of Jackson
County, Georgia, during the
legal hours of sale on the first
Tuesday in August, 2009, to
the highest and best bidder for
cash, the following described
real property:
SEE EXHIBIT “A”,
ATTACHED BELOW.
The Secured Debt has been
and is hereby declared due
because of default, including
(without limitation) the failure
of the Borrower to pay same
as and when due at maturity;
said Secured Debt remaining
in default, this sale will be
made for the purpose of pay
ing same and all expenses of
sale, including all lawful costs,
expenses, and attorney’s fees
as provided in said Notes and
Security Deed (notice of intent
to collect attorneys fees hav
ing been given). Said prop
erty will be sold subject to any
and all outstanding ad valor
em taxes and assessments
(including taxes which are a
lien, not yet due and payable);
to all matters that would be
disclosed by a current and
accurate survey and inspec
tion of the property, and to any
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, easements, and other
like matters of record superior
to said Security Deed. The
sale will further be conducted
subject to: (1) confirmation
that the sale is not prohibited
under the U.S. Bankruptcy
Code, and (2) to final confir
mation and audit of the status
of the loan with the holder of
the Security Deed. Lender
has complied with statutes to
the extent required.
To the best of the knowledge
and belief of the undersigned,
the party in possession of
the said property is Atreus
Communities of Northeast
Atlanta, Inc. (f/k/a Homelife
Communities of Northeast
Atlanta, Inc.) or a tenant or
tenants claiming under same.
KeyBank National
Association, attorney-in-fact
for Atreus Communities of
Northeast Atlanta, Inc. (f/k/a
Homelife Communities of
Northeast Atlanta, Inc.) as
aforesaid
Sean A. Gordon
Thompson Hine LLP
One Atlantic Center, Suite
2200
1201 West Peachtree
Street
Atlanta, Georgia 30309-
3449
Phone: (404) 407-3645
(Atreus Communities of
Northeast Atlanta, Inc. Loan
Number 9971568-9001)
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT AND ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE
Exhibit A
All that tract or parcel of
land lying in Porter’s GMD
1765 of Jackson County,
Georgia, and being Lots 29
through 38; Lots 90 through
93; and Lots 97 through 108 of
Liberty Crossing Subdivision,
Unit One, as per plat of same
recorded at Plat Book 68,
Pages 282-286, Jackson
County Records, as revised at
Plat Book 68, Pages 290-295,
Jackson County Records, and
also Lots 52 through 58; Lots
60 through 64; Lots 78 through
85, and Lots 139 through 144,
as per recorded plat of Liberty
Crossing Subdivision, Unit
One, recorded at Plat Book
70, Pages 162-166, Jackson
County Records which plats
are incorporated herein by this
reference for all purposes.
Less and except the follow
ing lots:
All that tract or parcel of land
lying and being in Porter’s
GMD 1765 of Jackson
County, Georgia, and being Lots
29,30,36,37,91,97,98,105,106
and 107 of Liberty Crossing
Subdivision, Unit One, as per
plat of same recorded at Plat
Book 68, Pages 282-286,
Jackson County Records,
as revised at Plat Book 68,
Pages 290-295, Jackson
County Records.
(JU8,15,22,29P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
By virtue of a Power of
Sale contained in that certain
Security Deed from MARCEL
N. OLARIU to BRANCH
BANKING AND TRUST
COMPANY, dated September
12, 2005, recorded September
22, 2005, in Deed Book 40-S,
Page 107, Jackson County,
Georgia Records, said
Security Deed having been
given to secure a Note of
even date in the principal
amount of ONE HUNDRED
SEVEN THOUSAND TEN
DOLLARS AND NO CENTS
($107,010.00), with inter
est thereon as provided for
therein, said Security Deed
last modified on March 05,
2008 in Deed Book 51-R,
Page 58, Jackson County,
Georgia Records, 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 August
2009, all property described in
said Security Deed including
but not limited to the following
described property:
All that tract or parcel of
land lying and being in the
248th District, G.M. Jackson
County, Georgia, being Lot
172, Pod R, of Traditions of
Braselton - PH 2 Subdivision,
as per plat thereof recorded in
Plat Book 66, Pages 48-53,
Jackson County, Georgia
Records, which recorded plat
is incorporated herein by ref
erence and made a part of this
description.
continued on following page