Newspaper Page Text
PAGE 8B
THE JACKSON HERALD
WEDNESDAY, DECEMBER 30, 2009
Legal Notices
Civil Lawsuits
Superior Court
•Gemini Capital Group, LLC vs. Tomeka Usher - Complaint on a Contract
•Jefferson Police Department vs. Misc. Items of Personal Property/Evidence in
Custody of the Jefferson Police Dept. - Application and Order
•Georgia Collections, LLC vs. Tract of Land, being known as 286 Upland Dr, Tax Parcel
Number 076A 229 and Tenant, Owner or Occupant of Property - Petition for Enforcement
of Lien and Foreclosure
•State Farm Bank vs. Meagan Matthews - Complaint on an Account
•Jennifer Jennings vs. Randall McGlamry-TPO
“Discover Bank vs. James S. Hardy - Suit on Account
•Assignee of Midland Funding LLC The Flome Depot vs. Jean Conner - Garnishee -
Jefferson City School District - Continuing Garnishment
• Chase Bank USA, N.A. vs. Sandra Long-Suit on Account
• Chase Bank USA, N.A. vs. Richard M. McCook - Suit on Account
• Chase Bank USA, N.A. vs. Jan Webb - Suit on Account
• Chase Bank USA, N.A. vs. Sandra Long-Suit on Account
• Chase Bank USA, N.A. vs. David L. Graham and Jodi Graham - Suit on Account
• Capital One Bank USA N.A. vs. Eileen Fain - Suit on Account
• Capital One Bank (USA), N.A. vs. Jeannie L. Ondic-Suit on Account
•Anna Mayo vs. Joshua Millen - Petition for Stalking Temporary Protective Order
• Erica Rebecca Jones vs. Mitchell Q. Miller-Complaint for Modification of Custody/
Visitation
• Lynette Kay Gokey vs. Cheryl Pearson Gresham - Complaint for Damages
•Troy Wilder vs. Daemere S. McDonald - Tort
•Teresa A. Martin vs. Daemere S. McDonald - Tort
• Capital One Bank (USA), N.A. vs. David A. Ondic - Suit on Account
• Dewey Marshall vs. Dale Herndon - Habeas Corpus
• Midland Funding LLC Assignee of Washington Mutual Bank vs. Crystal Harris — Suit
on Account
• Midland Funding LLC Assignee of HSBC vs. Karen Slappey-Suit on Account
• Mary Margaret Westbrook vs. Georgia Department of Driver Services - Notice of
Appeal of Agency Decision
• Northeast Eguipment Corp. vs. David Probst- Complaint on Contract
• Carlando Carson vs. Carlando Carson, Choice Insulation, Technology Insurance Co.
and Builders Insurance Group - Notice of Appeal State Workers Compensation
•Assignee of Midland Funding LLC Citibank South Dakota, N.A. vs. Mark Johnson
-Suit on Account
• Primus Automotive Fin. Serv. Inc. vs. Lisa D. Baker - Complaint on a Contract
• Capital One Bank USA, NA vs. Stephen R. Brown - Suit on Account
• Midland Funding LLC Assignee of Citibank South Dakota, N.A. vs. Cindy Elrod - Suit
on Account
• Midland Funding LLC vs. Lee Smithey-Suit on Account
•Assignee of Dorado Financial Services, LLC and Citibank USA, N.A. vs. Larry W.
Turner - Complaint on a Contract
•John Howard Davis Jr. vs. Assignee of Hudson and Keyes, LLC and Bank of America,
N.A. - Petition to Open Judgment
• Barry Allan McDaniel - Petition to Change Name
• Capital One Bank vs. Barbara D. Greathouse - Suit on Account
•As Successor in Interest to Branch Banking & Trust Company and Main Street Bank
vs. Double Bridges Farms, Inc. - Application for Confirmation and Approval
• Plometown Walk, LLC vs. Amanda Ramey and Nekeia Ramey - Plaintiffs Post
Judgment Interrogatories
• Four Divorce Cases were Filed
December 10, 2009 -December 16, 2009
State Court
•Advantage Assets II, Inc. vs. Carla Ricci - Complaint for Breach of Contract
• BJC Medical Center vs. Millie Brock-Complaint on Contract
•BJC Medical Center vs. Joshua Flail - Complaint on Contract
• Ford Motor Credit Company vs. Vic Scott-Complaint on Contract
• Capital One Bank (USA), N.A. vs. Amy M. Nigreville - Breach of Contract
• First National Bank of Omaha vs. Roger A. Dills-Suit on Account
•BJC Medical Center vs. Kim Hooper - Complaint on Contract
•Wells Fargo Bank, NA vs. George Holdsworth, Suzanne Holdsworth and Fairhaven
Enterprises, Inc. - Complaint on Contract
•BJC Medical Center vs. Robin Andrews - Complaint on Contract
•Wells Fargo Bank Wells Fargo Bank NA Successor by Merger to vs. Dale Arnold -
Complaint on Breach of Contract
•As Assignee of LVNV Funding LLC Citibank - the Consumer vs. Jedidah D.
Mercardante - Complaint - Suit on a Contract
• Cavalry Portfolio Services, LLC vs. Peter Stanley Wassam - Garnishee - American
Deep Foundation and Shoring, Inc. - Continuing Garnishment
•Gemini Capital Group, LLC A/A/O Sears National Bank vs. Donna Bolton -
Complaint on Contract
• RJM Acquisitions LLC vs. Sarah Lentine-Complaint for Breach of Contract
•Assignee of LVNV Funding LLC and GE Capital-Lowes Visa Platinum vs. Harold
Kinnard - Complaint - Suit on a Contract
•GE Money Bank vs. Sheila Jackson - Complaint on Contract
• Citibank (South Dakota), N.A. vs. Robert J. Long - Complaint on Contract
• Chase Bank USA, NAvs. Peter J. Swengel - Complaint on Contract
• Crown Asset Management, LLC vs. Porter Mahoney-Complaint on Account
• Capital One Bank (USA) NAvs. Vicki Dockery-Complaint Breach of Contract
• Capital One Bank (USA) NA vs. Christopher B. Duncan - Complaint Breach of
Contract
•American Express Centurion Bank vs. Darrell James - Breach of Contract
•Gwinnett Hospital System Inc. vs. Donna S. Campbell - Complaint on Contract
• Capital One Bank vs. Allison M. Fincher - Plaintiffs Complaint Breach of Contract
December 10, 2009 - December 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 CLEVE DIXON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated February 12, 2004,
and recorded in Deed Book
33-0, Page 612, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to Wells Fargo Bank,
NA, by Assignment securing
a Note in the original princi
pal amount of $143,645.00,
the holder thereof pursuant to
said Deed and Note there
by 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, January 5,
2010, 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
248th District, G.M., Jackson
County, Georgia, Designated
as Lot 28, Dock A, of Berry’s
Landing Subdivision, as per
plat recorded at Plat Book
60, Page 59, in the Office of
the Clerk of Superior Court
of Jackson County, Georgia,
which recorded plat is hereby
Incorporated herein by refer
ence and made a part of his
description.
Said property is known as
183 Lamar Lane, 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 Cleve Dixon,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being
presently in the possession of
Cleve Dixon, 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.
Wells Fargo Bank, NA as
Attorney-in-Fact for Cleve
Dixon
File no. 09-020182
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors at
Law
2872 Woodcock Blvd., Suite
100
Atlanta, GA 30341-3941
(770)220-2535/CP
www.swertfeger. net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(DC2,9,16,23,30B/1323-60T1P)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Linder and by virtue of the
Power of Sale contained in
a Security Deed given by
ROBERT W. HENDRICKS JR.
and LACY M. HENDRICKS to
, dated May 12,2006, record
ed in Deed Book 44-S, Page
578, Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of TWO HUNDRED
SIXTY-FOUR THOUSAND
EIGHT HUNDRED AND 0/100
DOLLARS ($264,800.00), with
interest thereon as set forth
therein, 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 January, 2010, the
following described property:
SEE EXHIBIT “A”
ATTACHED HERETO AND
MADE A PART HEREOF
The debt secured by said
Security Deed has been and is
hereby declared due 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 and Security
Deed. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of this
sale, as provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
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 mat
ters 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 entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Wells Fargo Home Mortgage,
Inc., PO Box 10335, Des
Moines, IA 50306, 1-800-416-
1472. Please understand that
the secured creditor is not
required by law to negotiate,
amend, or modify the terms of
the mortgage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is Robert W. Hendricks
Jr. and Lacy M. Hendricks or
a tenant or tenants and said
property is more commonly
known as 779 Traditions Way,
Braselton, Georgia 30517.
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.
as Attorney in Fact for
Robert W. Hendricks Jr. and
Lacy M. Hendricks
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/kl2 1/5/10
Our file no. 53460909-FT12
EXHIBIT “A”
All that tract or parcel of
land lying and being in the
245th and 248th District, G.M.
Jackson County, Georgia,
being Lot 18, POD K, Traditions
of Braselton, Phase I, as per
plat recorded in Plat Book 62,
Pages 51-59, in the Office of
the Clerk of the Superior Court
of Jackson County, Georgia,
which recorded plat is hereby
incorporated herein by refer
ence and made a part of this
description.
(DC9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
MICHAEL R. KIO and DONNA
M. KIO to WELLS FARGO
BANK, NA, dated September
17, 2004, recorded in Deed
Book 36-E, Page 259, Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount of
ONE HUNDRED THOUSAND
AND 0/100 DOLLARS
($100,000.00), with interest
thereon as set forth therein,
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
January, 2010, the following
described property:
SEE EXHIBIT “A”
ATTACHED HERETO AND
MADE A PART HEREOF
The debt secured by said
Security Deed has been and is
hereby declared due 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 and Security
Deed. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of this
sale, as provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
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 mat
ters 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 entity that has full
authority to negotiate, amend,
and modify all terms of the
mortgage with the debtor is:
Wells Fargo Home Mortgage,
Inc., PO Box 10335, Des
Moines, IA 50306, 1-800-416-
1472. Please understand that
the secured creditor is not
required by law to negotiate,
amend, or modify the terms of
the mortgage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Michael R. Kio
and Donna M. Kio or a ten
ant or tenants and said prop
erty is more commonly known
as 505 Lewis Sailors Road,
Jefferson, Georgia 30549.
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.
Wells Fargo Bank, NA as
Attorney in Fact for Michael R.
Kio and Donna M. Kio
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 1/5/10
Our file no. 5546109-FT7
EXHIBIT “A”
All that tract or parcel of
land lying and being in the
245th GMD, Jackson County,
Georgia, being known and
designated as Farm 13, con
taining 3.22 acres, more or
less, in the Meadowview
Farms Subdivision, as shown
on a plat of said subdivision, by
W.T. Dunahoo & Associates,
recorded in Plat Book 22, Page
43, Jackson County Records
and incorporated herein. This
is the same property conveyed
by deed recorded in Deed
Book 10-S, Page 709, said
records. The property is sub
ject to existing easements and
rights of way for public roads
and utilities now in use.
(DC9,16,23,30B/12062-60T1P)
Be Smart. Stay Alive.
Buckle Up.
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
KIET D. NGUYEN to BANK
OF AMERICA, N.A., dated
April 12, 2007, recorded in
Deed Book 48-U, Page 456,
Jackson County, Georgia
Records, as last transferred
to Bank of America, N.A. by
assignment to be recorded
in the Office of the Clerk of
Superior Court of Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount
of THREE HUNDRED FORTY
THOUSAND AND 0/100
DOLLARS ($340,000.00),
with interest thereon as set
forth 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 January, 2010, the
following described property:
SEE EXHIBIT “A”
ATTACHED HERETO AND
MADE A PART HEREOF
The debt secured by said
Security Deed has been and is
hereby declared due 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 and Security
Deed. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of this
sale, as provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
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 mat
ters 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 entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: Bank
of America, 475 Crosspoint
Parkway, Getzville, NY 14068,
800-285-6000. Please under
stand that the secured creditor
is not required by law to nego
tiate, amend, or modify the
terms of the mortgage instru
ment.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Kiet D. Nguyen or
a tenant or tenants and said
property is more commonly
known as 661 Stapler Bridge
Road, Nicholson, Georgia
30565.
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.
Bank of America, N.A. as
Attorney in Fact for Kiet D.
Nguyen
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/xx1 1/5/10
Our file no. 51934309-FT4
EXHIBIT “A”
All that tract or parcel of land
lying and being in the 253rd
GMD of Jackson County,
Georgia being a 27.35 ac por
tion of Atkins Property, as per
plat recorded in Plat Book 65,
Page 171, Jackson County,
Georgia Records, said plat by
reference made a part hereof.
(DC9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
BUDDY LEE MOTES and
ANDOLEA KAY MOTES to
BANK OF AMERICA, N.A.,
dated June 9, 2006, record
ed in Deed Book 44-I, Page
553, Jackson County, Georgia
Records, as last transferred to
Wells Fargo N.A. as Trustee
for Banc of America Alternative
Loan Trust 2006-7 Mortgage
Pass-Through Certificates by
assignment recorded in Deed
Book 56A, Page 331, Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount of
TWO HUNDRED EIGHTEEN
THOUSAND AND 0/100
DOLLARS ($218,000.00),
with interest thereon as set
forth 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 January, 2010, the
following described property:
All that tract or parcel of land
lying and being in the 253rd
District, G.M., Jackson County,
Georgia, and being that 2.160
acres, more or less, desig
nated as Tract “B”, as more
particularly shown on a plat
of survey prepared for Tully
J. Westmoreland by Rufus E.
Owens, Registered Surveyor,
dated March 28, 2002, record
ed at Plat Book 60, Page 64,
in the office of the clerk of
the superior court of Jackson
County, Georgia and incorpo
rated herein and made a part
hereof by reference for a more
detailed description.
The debt secured by said
Security Deed has been and is
hereby declared due 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 and Security
Deed. The debt remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of this
sale, as provided in Security
Deed and by law, including
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing been given).
Bank of America can be
contacted at 800-285-6000 or
by writing to 475 Crosspoint
Parkway, Getzville, NY 14068,
to discuss possible alternatives
to foreclosure.
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 mat
ters 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.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Buddy Lee Motes
and Andolea Kay Motes or
a tenant or tenants and said
property is more commonly
known as 961 Watkins Farm
Road, Nicholson, Georgia
30565.
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.
Wells Fargo N.A. as Trustee
for Banc of America Alternative
Loan Trust 2006-7 Mortgage
Pass-Through Certificates as
Attorney in Fact for Buddy
Lee Motes and Andolea Kay
Motes
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.jflegal.com
MSP/xx1 1/5/10
Our file no. 1503609-FT4
(DC9,16,23,30B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia Jackson County
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
GARY A. ISENBERGER and
SANDRA J ISENBERGER to
HOMEBANC MORTGAGE
CORPORATION, datedAugust
7, 2006, recorded in Deed
Book45-B, Page 212, Jackson
County, Georgia Records,
as last transferred to BAC
Home Loans Servicing, LP
fka Countrywide Home Loans
Servicing LP by assignment
to be recorded in the Office
of the Clerk of Superior Court
of Jackson County, Georgia
continued on following page