Newspaper Page Text
WEDNESDAY, SEPTEMBER 23, 2009
THE JACKSON HERALD
PAGE 7C
Legal Notices
Civil Lawsuits
Superior Court
• CACH, LLCvs. Mary Triolo — Complaint on Contract/Account
• Community Bank and Trust vs. Lamar Watkins - Complaint
•GA Dept, of Human Resources and Starlet A. Westmoreland vs. Joseph C.
Westmoreland - Complaint for Recovery of Child Support
•GA DHR and Quavontay Poole vs. Harold D. Poole - Complaint for Recovery of
Child Support
• LVNV Funding LLC Assignee of Sears Premier Card vs. Winfield Ward - Complaint
on Account
• Denise S. Reaves vs. Michael John Johnson - Stalking Exparte Temporary Protective
Order
• Capital One Bank (USA), N.A. vs. Virginia N. Meeler-Suit on Account
•Jackson County, Georgia vs. George Donald Underwood - Petition
• Monk Tolbert vs. Felicia Scroggs Superintendant of Elections - Petition for Review of
Grounds for Recall Application
•Judy Stowe vs. Delicia Scroggs - Petition for Review of the Grounds for Recall
•John Pethel vs. Felicia Scoggs Superintendant of Elections of Pendergrass - Petition
for Review of Grounds for Recall Application
• Hilda Gee vs. Felicia Scroggs Superintendant Elections of City of Pendergrass -
Petition for Review of the Grounds for Recall Application
•Thomas Marlow vs. Felicia Scroggs Superintendant Elections of City of Pendergrass
- Petition for Review of the Grounds for Recall Application
• Bullhead Inv. LLC vs. Julene Onken - Complaint
•Advanced Filtration Co. of NJ, Inc. T/A Advanced Filtration Company vs. AKA B&G
Fuel Systems, Inc. B&G Fuel System, Inc. AKA B&G Fuel System Inc. - Garnishee - Office
Manager Community Bank, Office Manager First Covenant Bank D/B/A First Commerce
Bank, Office Manager First Georgia Banking Company, Office Manager Merchants &
Farmers Bank, Office Manager Northeast Georgia Bank and Office Manager Pinnacle
Bank - Garnishment Affidavit
•Brenda S. Whitaker vs. Raymond Charles Plunkett and Pearline Brown - Complaint
•Six Divorce Cases were Filed
September 9, 2009 - September 16, 2009
State Court
• Discover Bank vs. Roger E. Turner - Complaint
•Stephens County Hospital vs. Stacy W. Jordan - Garnishee -MM Systems
Corporation - Continuing Garnishment
•Beneficial GA Inc. vs. Darin Smith - Complaint for Default on a Personal Credit Line
Account
•As Assignee and Purchaser of LVNV Funding LLC Citibank-Sears Roebuck and Co.
vs. Susan D. Clark - Complaint - Suit on a Contract
•As Assignee and Purchaser of LVNV Funding LLC Citibank-Preferred vs. Richard E.
Dills - Complaint - Suit on a Contract
•Buggy One, Inc. vs. David L. Woodard - Complaint for Damages
•Alvin Waters vs. Amy Beck and Jason Conner Jr. - Tort
•Atlantic Credit & Finance Inc. Assignee for HSBC vs. Judith A. Wheelock -
Complaint on Contract
• LVNV Funding LLC Assignee for GE Capital - Sams Club vs. Brian Moore -
Complaint Suit on Contract
•GE Money Bank vs. Hughie Williams - Complaint on Account
•Bart L. Graham vs. Jason Forrester - Garnishee - Mayfield Dairy Farms, Inc. -
Continuing Garnishment
•Target National Bank vs. Patricia Ginn - Complaint
September 11, 2009 - September 16, 2009
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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 HAZZIEKIAH
WILSON, JR. and LOIS
JEAN WILSON to SECURED
FUNDING CORPORATION,
dated March 28, 2007, and
recorded in Deed Book 48-J,
Page 730, Jackson County
Records, said Security Deed
having been last sold, assigned,
transferred and conveyed to
MVB Mortgage Corporation by
Assignment securing a Note in
the original principal amount
of $105,500.00, 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,
October 6, 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 in the 255th
District, G.M., Jackson County,
2.058 acres, as shown by that
certain plat of survey entitled
“Final Plat of Woodland Hills
Estates”, prepared by Hambrick
Surveying, Inc., Registered
Surveyor No. 1375, dated May
25, 1990, and being of record
in the Office of the Clerk of
the Superior Court for Jackson
County, Georgia, in Plat Book
29, Page 289, which plat and
its recording are by reference
incorporated herein for further
identification and description.
Said property is known as
411 Old Harden Orchard Road,
Commerce, GA 30529, togeth
er with all fixtures and personal
property attached to and con
stituting 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 Hazziekiah
Wilson, Jr. and Lois Jean
Wilson, the property, to the best
information, knowledge and
belief of the undersigned, being
presently in the possession
of Hazziekiah Wilson, Jr. aka
Hezziekiah K. Wilson and Lois
Jean Wilson, and the proceeds
of said sale will be applied to
the payment of said indebted
ness 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.
MVB Mortgage Corporation
as Attorney-in-Fact for
Hazziekiah Wilson, Jr. and Lois
Jean Wilson
File no. 09-015404
SHAPIRO &
SWERTFEGER*
Attorneys and Counselors at
Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/CC
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
TFC-NOSI
(AU26, SE2,9,16,23,30B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of
the Power of Sale con
tained in that certain Real
Estate Deed to Secure Debt
from BOLEMAN DESIGN
& DEVELOPMENT, LLC
(“Grantor”) to HABERSHAM
BANK (“Grantee”), dated July
10, 2006, filed and recorded
July 17, 2006, in Deed Book
44-R, Page 609, Jackson
County, Georgia Records,
and re-recorded September
11, 2006, in Deed Book 45-L,
Page 39, aforesaid records,
as modified by that certain
Modification Agreement dated
August 17, 2007, filed and
recorded September 17, 2007,
in Deed Book 50-C, Page 410,
aforesaid records, and fur
ther modified by that certain
Modification Agreement dated
May 21,2008, filed and record
ed May 28, 2008, in Deed
Book 52-L, Page 643, afore
said records (as modified, the
“Security Deed”), conveying
the after-described property to
secure that certain Universal
Note and Security Agreement
dated May 21, 2008, from
Grantor payable to Grantee in
the original principal amount
of FORTY-FOUR THOUSAND
EIGHT HUNDRED SIXTY
AND NO/100 DOLLARS
($44,860.00), with interest
thereon as set forth therein
(as modified and renewed,
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 October, 2009, the
following described property:
All that tract or parcel of land
lying and being in Duncan’s
GMD 245 of Jackson County,
Georgia, and being Lot 17 of
Lake Vista Estates Subdivision,
as shown on subdivision plat
recorded in Plat Book 68,
Pages 17-18, Jackson County
Records, which plat is incorpo
rated herein by reference and
made a part hereof.
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 comply with
the provisions of the Security
Deed. The debt remaining
outstanding, this sale will be
made for the purpose of pay
ing the same and all expens
es of this sale, as provided
in the Security Deed and by
law, including attorney’s fees
(notice of intent to collect attor
ney’s fees having been given
as provided by law).
The property will be sold for
cash or certified funds and sub
ject to any and all matters of
record superior to said Security
Deed, outstanding ad valorem
taxes, any matters which might
be disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth herein
subject to (1) confirmation prior
to the sale that the sale is
not prohibited 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 Deed.
Grantee reserves the right to
sell the property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and belief,
the property located at 239
Lake Vista Drive, Jefferson,
Jackson County, Georgia,
and the party in possession of
the property is Boleman Design
& Development, LLC, or its ten
ant or tenants.
HABERSHAM BANK, as
Attorney-in-Fact for Boleman
Design & Development, LLC
Thompson, O'Brien, Kemp &
Nasuti, RC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(SE9,16,23,30P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of
the Power of Sale con
tained in that certain Real
Estate Deed to Secure Debt
from BOLEMAN DESIGN
& DEVELOPMENT, LLC
(“Grantor”) to HABERSHAM
BANK (“Grantee”), dated July
10, 2006, filed and recorded
July 17, 2006, in Deed Book
44-R, Page 627, Jackson
County, Georgia Records,
and re-recorded September
11, 2006 in Deed Book 45-L,
Page 31, aforesaid records,
as modified by that certain
Modification Agreement dated
August 17, 2007, filed and
recorded September 17, 2007,
in Deed Book 50-C, Page 411,
aforesaid records, and fur
ther modified by that certain
Modification Agreement dated
May 21,2008, filed and record
ed May 28, 2008, in Deed
Book 52-L, Page 644, afore
said records (as modified, the
“Security Deed”), conveying
the after-described property to
secure that certain Universal
Note and Security Agreement
dated May 21, 2008, from
Grantor payable to Grantee in
the original principal amount
of FORTY-FOUR THOUSAND
EIGHT HUNDRED SIXTY
AND NO/100 DOLLARS
($44,860.00), with interest
thereon as set forth therein
(as modified and renewed,
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 October, 2009, the
following described property:
All that tract or parcel of land
lying and being in Duncan’s
GMD 245 of Jackson County,
Georgia, and being Lot 31 of
Lake Vista Estates Subdivision,
as shown on subdivision plat
recorded in Plat Book 68,
Pages 17-18, Jackson County
Records, which plat is incorpo
rated herein by reference and
made a part hereof.
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 comply with
the provisions of the Security
Deed. The debt remaining
outstanding, this sale will be
made for the purpose of pay
ing the same and all expens
es of this sale, as provided
in the Security Deed and by
law, including attorney’s fees
(notice of intent to collect attor
ney’s fees having been given
as provided by law).
The property will be sold for
cash or certified funds and sub
ject to any and all matters of
record superior to said Security
Deed, outstanding ad valorem
taxes, any matters which might
be disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth herein
subject to (1) confirmation prior
to the sale that the sale is
not prohibited 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 Deed.
Grantee reserves the right to
sell the property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and belief,
the property located at 541
Lake Vista Drive, Jefferson,
Jackson County, Georgia,
and the party in possession of
the property is Boleman Design
& Development, LLC, or its ten
ant or tenants.
HABERSHAM BANK, as
Attorney-in-Fact for Boleman
Design & Development, LLC
Thompson, O’Brien, Kemp &
Nasuti, PC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(SE9,16,23,30P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of
the Power of Sale con
tained in that certain Real
Estate Deed to Secure Debt
from BOLEMAN DESIGN
& DEVELOPMENT, LLC
(“Grantor”) to HABERSHAM
BANK (“Grantee”), dated July
10, 2006, filed and recorded
July 17, 2006, in Deed Book
44-R, Page 636, Jackson
County, Georgia Records,
and re-recorded September
11, 2006, in Deed Book 45-L,
Page 47, aforesaid records,
as modified by that certain
Modification Agreement dated
August 17, 2007, filed and
recorded September 17, 2007
in Deed Book 50-C, Page 412,
aforesaid records, and fur
ther modified by that certain
Modification Agreement dated
May 21,2008, filed and record
ed May 28, 2008, in Deed
Book 52-L, Page 645, afore
said records (as modified, the
“Security Deed”), conveying
the after-described property to
secure that certain Universal
Note and Security Agreement
dated May 21, 2008, from
Grantor payable to Grantee in
the original principal amount
of FORTY-FOUR THOUSAND
EIGHT HUNDRED SIXTY
AND NO/100 DOLLARS
($44,860.00), with interest
thereon as set forth therein
(as modified and renewed,
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 October, 2009, the
following described property:
All that tract or parcel of land
lying and being in Duncan’s
GMD 245 of Jackson County,
Georgia, and being Lot 79 of
Lake Vista Estates Subdivision,
as shown on subdivision plat
recorded in Plat Book 68,
Pages 17-18, Jackson County
Records, which plat is incorpo
rated herein by reference and
made a part hereof.
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 comply with
the provisions of the Security
Deed. The debt remaining
outstanding, this sale will be
made for the purpose of pay
ing the same and all expens
es of this sale, as provided
in the Security Deed and by
law, including attorney’s fees
(notice of intent to collect attor
ney’s fees having been given
as provided by law).
The property will be sold for
cash or certified funds and sub
ject to any and all matters of
record superior to said Security
Deed, outstanding ad valorem
taxes, any matters which might
be disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth herein
subject to (1) confirmation prior
to the sale that the sale is
not prohibited 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 Deed.
Grantee reserves the right to
sell the property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and belief,
the property located at 942
Lake Vista Drive, Jefferson,
Jackson County, Georgia,
and the party in possession of
the property is Boleman Design
& Development, LLC, or its ten
ant or tenants.
HABERSHAM BANK, as
Attorney-in-Fact for Boleman
Design & Development, LLC
Thompson, O’Brien, Kemp &
Nasuti, RC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(SE9,16,23,30P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of
the Power of Sale con
tained in that certain Real
Estate Deed to Secure Debt
from BOLEMAN DESIGN
& DEVELOPMENT, LLC
(“Grantor”) to HABERSHAM
BANK (“Grantee”), dated July
10, 2006, filed and recorded
July 17, 2006, in Deed Book
44-R, Page 600, Jackson
County, Georgia Records,
and re-recorded September
27, 2006, in Deed Book 45-Q,
Page 232, aforesaid records,
as modified by that certain
Modification Agreement dated
August 17, 2007, filed and
recorded September 17, 2007,
in Deed Book 50-C, Page
413, aforesaid records, as
further modified by that cer
tain Modification Agreement
dated May 21, 2008, filed and
recorded May 28, 2008, in
Deed Book 52-L, Page 642 (as
modified, the “Security Deed”),
conveying the after-described
property to secure that certain
Universal Note and Security
Agreement dated May 21,
2008, from Grantor payable to
Grantee in the original principal
amount of TWO HUNDRED
FIFTY-NINE THOUSAND
FOUR HUNDRED SIXTY-
SIX AND 50/100 DOLLARS
($259,466.50), with interest
thereon as set forth therein
(as modified and renewed,
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 October, 2009, the
following described property:
All that tract or parcel of land
lying and being in Duncan’s
GMD 245 of Jackson County,
Georgia, and being Lot 3 of
Lake Vista Estates Subdivision,
as shown on subdivision plat
recorded in Plat Book 68,
Pages 17-18, Jackson County
Records, which plat is incorpo
rated herein by reference and
made a part hereof.
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 comply with
the provisions of the Security
Deed. The debt remaining
outstanding, this sale will be
made for the purpose of pay
ing the same and all expens
es of this sale, as provided
in the Security Deed and by
law, including attorney’s fees
(notice of intent to collect attor
ney’s fees having been given
as provided by law).
The property will be sold for
cash or certified funds and sub
ject to any and all matters of
record superior to said Security
Deed, outstanding ad valorem
taxes, any matters which might
be disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth herein
subject to (1) confirmation prior
to the sale that the sale is
not prohibited 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 Deed.
Grantee reserves the right to
sell the property in one parcel
or as an entirety, or in such
parcels as Grantee may elect,
as permitted in the Security
Deed.
To the best of the under
signed’s knowledge and belief,
the property located at 56
Overlook Lane, Jefferson,
Jackson County, Georgia,
and the party in possession of
the property is Boleman Design
& Development, LLC, or its ten
ant or tenants.
HABERSHAM BANK, as
Attorney-in-Fact for Boleman
Design & Development, LLC
Thompson, O'Brien, Kemp &
Nasuti, PC.
40 Technology Parkway
South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
continued on following page
Jackson County
Board of Commissioners
^ PUBLIC HEARING
The Jackson County Board of Commissioners will
hold a public hearing at 6:00 p.m. on Monday,
October 5, 2009 at the Jackson County Courthouse
in the Jury Assembly Room at 5000 Jackson
Parkway, Jefferson, Georgia, to consider the
following matter:
Track Properties, LLC, has applied for a Class B-2
license for the sale of malt beverages by the drink
for consumption on the premises only at 500 Lyle
Field Rd., Jefferson, GA (Tax Map & Parcel - 065 /
23F & 66 / 4A) for the Gresham Motorsports Park.
A copy of the application is available for
inspection at the Jackson County Public
Development Department during normal office
hours, Monday through Friday, from 8:30 am to
4:30 pm. All interested persons are invited to
attend.
Anyone desiring to speak in opposition to one of
the above cases shall file a Campaign Contribution
Disclosure form at least 2 business days prior to
the October 5, 2009 Public Flearing.