Newspaper Page Text
PAGE 4C
THE JACKSON HERALD
WEDNESDAY, MARCH 3, 2010
Legal Notices
Civil Lawsuits
Superior Court
• Leila Hammond Johnson - Petition to Change Name
• Bryan Scott Adams vs. Jennifer Margaret Gaddis - Petition for Custody
•Timothy Smith - Petition to Change Name
•Tiffany 0. Feltman and Kevin Feltman vs. Eddie D. Feltman - Complaint for
Contempt
• Conner J. Welch vs. James Robert Welch - Complaint for Contempt
• Larry Sturkie Sr. vs. Lisa Morris-TPO
• Larry Sturkie Sr. vs. Vince Morris - TPO
• Capital One Bank USA NA vs. Jennifer M. Gaddis - Suit on Account
• Ford Motor Credit Company vs. Mark A. Bray-Complaint on Account
• Kindred D. Davis vs. Kindred D. Davis Sr. - Notice of Registration of Out of State
Child Support
•Ashley Brown vs. James N. Brown - Notice of Registration of Out of State Child
Support
• Dezirae Buffington vs. Quines M. Buffington-Complaint for Contempt
•Sarah McCaig and Gypsie D. McCaig vs. Chad M. McCaig - Complaint for
Contempt
•Tanner M. Keith vs. John V. Keith - Complaint for Contempt
•Ashanti L. Watson vs. Carlton Torrey Wilson -Complaint for Contempt of Child
Support
•Jamie Marie Cassell, Lynn Eryn Cassell and Dane Douglas Cassell vs. Alvetta Marie
Church - Notice of Registration, for enforcement only, of out of state child support
•Zachary 0. Shuman vs. Jonathan L. Shuman - Complaint for Recovery of Child
Support
•Assignee of LVNV Funding LLC GE Capital/Lowes Visa Platinum vs. Kelly Rupert -
Suit on Account
• Laura Marie Mason vs. Richard Derick Mason - Petition for Citation of Contempt
and for Clarification
•Samantha Roper vs. Charles Roper - Petition for Annulment
• Portfolio Recovery Associates, LLC vs. Keith Reinemann - Suit on Account
•Ava R. Yarborough vs. Mala R. Yarborough - Out of State Contempt
•Assignee of Portfolio Recovery Associates, LLC HSBS Bank of Nevada, N.A. vs.
Patricia Hawkins - Suit on Account
• Coleman & Chambers, LLP vs. Joseph A. Offman - Motion for Contempt
• Maddison Leeann Sconyers vs. Lee Wayne Sconyers - Contempt for Out of State
• Frank Wooten vs. Rooter Express Plumbing, Inc. and Rooter Express of America, Inc.
D/B/A Rooter Express Plumbing - Complaint for Damages
• Benjamin Cade Forbes vs. Linsey Michelle Brown - Petition to Legitimate and
Custody of Child
• Robin Waldrop (Pro-Se) vs. John Waldrop - Petition for Modification of Visitation
• Elizabeth Lynn Ploss vs. Eric Francis Ploss- Contempt for Out of State Child Support
Order
•Junius Mark Kinsey vs. Lori G. Durnell - Petition for Change of Custody
•Jefferson Police Department vs. Misc. Items of Personal Properties - Application
for Destruction
• Chase Bank USA, NA vs. Ricardo Rieffel - Complaint on Contract Transfer from
Banks County
•State Bank and Trust Company vs. Braselton Development Group, Inc. and Winston J.
Deloney - Application for Confirmation and Approval of Foreclosure Sales
•Gemini Capital Group, LLC vs. Kim C. Cawford - Complaint on Contract
•Gemini Capital Group, LLC vs. James Pittman - Complaint on a Contract
•Gemini Capital Group vs. Nekeia Ramey - Complaint on Contract
•Northeast Georgia Bank vs. Dennis Dean Cain - Complaint on Promissory Note
•Northeast Georgia Bank vs. Harry Dennis Hogan - Complaint on Promissory Note
•Roseanne Pelliccio vs. Eric Murgo - Petition for Stalking Temporary Protective
Order
• Michelle Grayson Collins vs. Darrell Collins - Petition for Temporary Protective
Order
•Capital One Bank (USA), N.A. vs. Elvis Bingham - Suit on Account
•Capital One Bank (USA), N.A. vs. Jason J. Barnes - Suit on Account
•Capital One Bank (USA), N.A. vs. Earl G. Bryson - Suit on Account
•Assignee of Midland Funding, LLC Washington Mutual Bank vs. Robert Fritz - Suit
on Account
•Assignee of Midland Funding, LLC Fia Card Services, N.A. vs. Mark Tegeder - Suit
on Account
•Assignee of Midland Funding, LLC Assignee of Citibank South Dakota and Citibank
(South Dakota), N.A. vs. Michael Dorothy - Suit on Account
•Gemini Capital Group, LLC vs. Charles Martin - Complaint on Contract
•Alpha Metro Financial Corp. vs. Crystal Gooch - Complaint on a Contract
• Merrick Bank Corporation vs. Margie Blair-Suit on Account
• Midland Funding LLC Assignee of Washington Mutual Bank vs. Franklin Lamon -
Suit on Account
•Six Divorce Cases were Filed
February 17, 2010 - February 24, 2010
State Court
• Midland Funding LLC Assignee of Citibank/Zales vs. Susan 0. Duncan - Complaint
• Midland Funding Assignee of FCNB-Spiegel - Complaint on a Contract
• Midland Funding LLC Assignee of Aspire Visa vs. Beatriz Orea - Complaint on a
Contract
•Chase Bank USA, N.A. vs. Luther J. Giles - Complaint on Contract
•Citibank (South Dakota), N.A. vs. Joseph Clark - Complaint on Contract
•Chase Bank USA, NA vs. Brad Reynolds - Complaint on Contract
• Midwest Recovery Group, LLC vs. Jill Tarrant and Jill Stephens - Complaint on
Contract
•Sallie Mae, Inc. as Administration and Agent for and SLM Education Credit Finance
Corporation vs. Christopher T. Barlow - Suit on Note
•Sallie Mae, Inc. as Administration and Agent for and SLM Credit Student Loan vs.
Kathryn A. Johns - Suit on Note
•Gemini Capital Group Assignee of Monogram Credit Card Bank of GA vs. Bee Moua
- Complaint on Contract
•Branch Banking & Trust vs. Laura Stella Snow - Complaint on a Contract
• Mountain Valley Community Bank vs. Dale Donald Hutchinson - Complaint on
Note
•Wilson Insulation Company, LLC vs. Lenox Construction - Complaint on Account
•Wilson Insulation Company, LLC vs. Sutton Classic Homes, LLC - Complaint
February 17, 2010 - February 24, 2010
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gon11
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 SUSAN L.
DUKES to UNION PLANTERS
BANK, N.A. dated September
30, 2002, and recorded in
Deed Book 27-X, Page 246,
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 $122,581.00, 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, April 6, 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
257th District, Jackson
County, Georgia, being Lot 22,
of Riverwood Subdivision, as
per plat recorded in Plat Book
57, Page 187, 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.
Said property is known
as 214 EdgeField Drive,
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 Susan L.
Dukes, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the posses
sion of Susan L. Dukes, 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.
EverBank as Attorney-in-
Fact for Susan L. Dukes
File no. 09-019505
SHAPIRO & SWER-
TFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Blvd., Suite
100_Atlanta, GA 30341-3941
(770)220-2535/SJ
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MA3,10,17,24,31B/1323-50T1P)
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Public Notice
The Braselton Planning
Commission will hold a Public
Hearing on Monday, March
22, 2010, at 7 p.m. and the
Braselton Mayor and Council
will hold a Public Hearing on
Thursday, April 8, 2010, at 4
p.m. on the following items:
1. Case# 10-200-RZ
Application for re-zon-
ing from Century Center @
Braselton, LLC on property
owned by them identified as
Barrow County Tax Parcels
BR023-020, 021, 022, 023.
The total size of the tracts
requesting annexation and re
zoning is approximately elev
en (11) acres. The property is
currently zoned GC (General
Commercial). The applicant
requests a zoning change to
O-l (Office and Institutional).
2. Case# 10-100-CU
Application for a Conditional
Use approval from Covenant
Faith World Outreach Church
on property owned by Stephen
P. Garner identified as Jackson
County Tax Parcel 199-004L.
The intent of the application is
to use the existing facility as a
church or place of worship.
All Braselton Planning
Commission and Mayor and
Council Public Hearings are at
the following location:
Braselton Police and
Municipal Court Building
5040 S.R. 53
Braselton, GA 30517
For more information on
this agenda and on how to
view the application materials,
please contact Kevin Keller at
706-654-3915, Ext. 1006, or
by e-mail at kdkeller@brasel-
ton.net.
(MA3B/171 -30)
Gpnl4
Legal Notice for
Caterpillar, Inc.
Including On-site Leased
Workers from Kroeschell
Operations, Inc., Control
Dynamics, Randstad, and
Tool & Gage of Pendergrass,
Georgia
The U.S. Department
of Labor certified Trade Act
Petition Number 71185 on
February 1, 2010. The peti
tion was filed on behalf of work
ers of Caterpillar, Inc., including
on-site leased workers from
Kroeschell Operations, Inc.,
Control Dynamics, Randstad,
and Tool & Gage, located in
Pendergrass, Georgia.
Employees of this facil
ity who were or will be laid off
due to lack of work between
June 12, 2008 and February 1,
2012 may be eligible for ben
efits under the Trade Act which
provides assistance to work
ers who become unemployed,
or who have received notice
of future layoff, as a result of
increased foreign competition.
Benefits available to workers
may include out-of-area job
search and relocation allow
ances, retraining and weekly
trade readjustment allowanc
es. There are deadlines to
apply for specific benefits. To
find out if you qualify for any
of these benefits, contact the
nearest Georgia Department
of Labor career center. To
find out if you qualify for any
of these benefits, contact the
Georgia Department of Labor
at (706) 583-2550.
(MA3B/358-20T1)
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Citation
In the Probate Court of Jackson County
Re: Estate of KAYLA
NICOLE BANKS, Minor/Ward.
To Whom It May Concern
and KIMBERLY E. BANKS:
The conservator of the above
estate, has applied for Letters
of Discharge from said trust.
This is to notify any interested
party(ies) to show cause, if any
they can, why said conservator
should not be discharged from
office and liability. All objec
tions must be in writing, setting
forth the grounds of any such
objections, and filed with the
above Probate Court, Probate
Court of Jackson County, 5000
Jackson Parkway, Suite 140,
Jefferson, Georgia 30549, on
or before 10:00 a.m. on April
5, 2010, said date being more
than 30 days from the date
of publication, or if personally
served, then 10 days from the
date of such service. All plead
ings must be signed before a
notary public or probate court
clerk, and filing fees must be
tendered with your pleadings,
unless you qualify to file as an
indigent party. Contact probate
court personnel at the below
address or telephone number
for the required amount of fil
ing fees.
If any objections are filed, a
hearing will be scheduled for
a later date. If no objections
are filed, the petition may be
granted without a hearing.
By: Margaret Deadwyler,
Probate Judge
By: Jennifer M. Gearing
Probate Clerk
5000 Jackson Pkwy, Suite
140
Jefferson, GA 30549
706-387-6276
(MA3B/498-30)
Gpn05
Advertisement
for Bids
Federal Project Number:
TEE-0008-00-00(162)
Jefferson Historic Downtown
Streetscape
Sealed proposals for fur
nishing all labor, material, and
other things necessary for the
following work will be received
by the undersigned at the
Office of the City Manager,
City of Jefferson, 147 Athens
St., Jefferson, GA 30549, 706-
367-5121 x4;
And publicly opened on
Wednesday, March 24, 2010,
at 2:00 p.m. at the Jefferson
Civic Center.
Jefferson Historic Downtown
Streetscape
A pre-bid conference will be
held Thursday, March 11,2010,
at 2:00 p.m. at the Jefferson
Civic Center, 65 Kissam St.,
Jefferson, GA 30549.
Proposal guaranty: 5%
Bid manual and plans: $100
(non-refundable)
Plans and specifications
may be inspected at the Office
of the City Manager, City of
Jefferson, 147 Athens St.,
Jefferson, GA 30549, 706-367-
5121 x4.
Copies of the project manual
and the plans may be obtained
from the office of Bron
Cleveland Associates at 16 B
Lenox Pointe NE, Atlanta, GA
30324, Attn.: Steve Roberts
404-841-6364. sroberts@
broncleveland.com
The City of Jefferson
reserves the right to reject any
or all bids.
John Ward
City Manager, City of
Jefferson
(MA3,10,17B/175-20T3)
Gpnl8
Notice of Hearing
Probate Court of Jackson County
State of Georgia
Estate Number E-09-57
In the matter of: David
Steven French
Missing individual Believed Dead
Re: Petition for Presumption
of Death of Missing Individual
Believed to be Dead
To whom it may concern and
unknown heirs:
A petition for presumption
of death of DAVID STEVEN
FRENCH, a missing individ
ual believed dead, has been
filed by TRACY G. FRENCH.
Notice is hereby given that
at 10:00 o'clock A.M. on the
7th day of June, 2010, evi
dence will be heard by the
probate court concerning the
alleged absence of said miss
ing individual and the circum
stances and duration thereof.
The missing individual, if alive,
or any other individual hav
ing evidence that the missing
individual is alive, is required
to produce and present to the
court evidence that the miss
ing individual is still in life.
This 2nd day of March,
2010.
Margaret Deadwyler
Judge of the Probate Court
By: Jennifer M. Gearing
Clerk of the Probate Court
5000 Jackson Parkway
Suite 140
Jefferson, GA 30549
706-387-6276
(MA3,10,17,24B/498-20)
Be Smart. Stay Alive.
Buckle Up.
Citation
Re: Estate of O THI, Former
Minor
To Whom It May Concern:
The conservator of the
above estate, has applied
for Discharge from said trust.
This is to notify any interested
party(ies) to show cause, if any
they can, why said conservator
should not be discharged from
office and liability. All objec
tions must be in writing, setting
forth the grounds of any such
objections, and filed with the
above Probate Court, 5000
Jackson Parkway, Suite 140,
Jefferson, Georgia 30549, on
or before April 5, 2010, by
10:00 a.m., said date being
more than 30 days from the
date of publication, or if per
sonally served, then 10 days
from the date of such service.
All pleadings must be signed
before a notary public or pro
bate court clerk, and filing fees
must be tendered with your
pleadings, unless you qualify
to file as an indigent party.
Contact probate court per
sonnel at the below address
or telephone number for the
required amount of filing fees.
If any objections are filed, a
hearing will be scheduled for
a later date. If no objections
are filed, the petition may be
granted without a hearing.
By: Margaret Deadwyler,
Probate Judge
By: Jennifer M. Gearing
Probate Clerk
5000 Jackson Pkwy, Suite
140
Jefferson, GA 30549
706-387-6276
(MA3B/498-30)
gpn06
Notice
of Amendment
of Corporate Charter
Notice is given that Articles of
Amendment which will restate
the Articles of Incorporation
of MANY BUSINESS
SOLUTIONS, INC., will be
delivered to the Secretary of
State for filing in accordance
with the Georgia Business
Corporation Code (O.C.G.A.
Sec. 14-2-1006.1).
The initial registered Officer
of the Corporation will be locat
ed at 699 Lyle Field Road,
Jefferson, GA 30549, and its
initial registered agent at such
address is Bradley Ballard.
(MA3,10P2)
Gpnl5
Name Change
Notice of Petition to Change Name
In the Superior Court of Jackson County
State of Georgia
Civil Action File No.
M10CV0265
In Re: Timothy Tomalka,
a/k/a Timothy Smith,
Petitioner.
PLEASE TAKE NOTICE that
on the 27 day of March, 2009,
TIMOTHY TOMALKA, filed a
Petition in the Superior Court
of Jackson County, Georgia,
seeking a name change from
TIMOTHY SMITH to TIMOTHY
TOMALKA. Any interested or
affected party has the right
to appear and file objections.
At the expiration of thirty (30)
days from the filing of the
Petition, upon proof of publi
cation, and if no objection is
filed, the Court shall proceed
to hear and determine all mat
ters raised by said Petition.
This 27 day of October,
2009.
By: Richard T. Ryczek, Jr.
Attorney for Petitioner
Georgia Bar No. 001439
261 West Crogan Street
Lawrenceville, GA 30045
678-376-5541
770-513-7323
(MA3,11,17,25P4)
Gpn07
Chandler Estate
Notice to Debtors and Creditors
All creditors of the Estate of
VIRGINIAMANN CHANDLER,
late of Jackson County,
deceased, are hereby notified
to render in their demands to
the undersigned according to
law, and all persons indebted
to law, and all persons indebt
ed to said estate are required
to make immediate payment.
This 22 day of February,
2010.
Larry S. Chandler
4682 Kirsch Lane
Young Harris, GA 30582
(MA3,10,17,24P4)
Gpn07
Braselton Estate
Notice to Debtors and Creditors
In Re: Estate of Henry
Edward Braselton
All creditors of the Estate
of HENRY EDWARD
BRASELTON, late of Jackson
County, deceased, are here
by notified to render in their
demands to the undersigned
according to law, and all per
sons indebted to law, and
all persons indebted to said
estate are required to make
immediate payment.
This 19th day of February,
2010.
Janice Martin Braselton,
Executrix
P.O. Box 535
Braselton, GA 30517
Anne Elisabeth Braselton
FDIC
NOTICE TO CREDITORS
AND DEPOSITORS OF
COMMUNITY BANK & TRUST
CORNELIA, GA
On January 29,2010 (the “Closing Date"), the Georgia Department of Banking and Finance closed
COMMUNITY BANK & TRUST. Cornelia, GA, 30531 (the “Failed Institution") and appointed the Federal
Deposit Insurance Corporation as Receiver (the “Receiver") to handle all matters relating to the Failed
Institution.
TO THE CREDITORS OF THE FAILED INSTITUTION
All creditors having claims against the Failed Institution must submit their claims in writing, together with
proof of the claims, to the Receiver by May 06.2010 (the "Bar Date"), at the following address:
FDIC as Receiver of COMMUNITY BANK & TRUST
7777 Baymeadows Way West. Jacksonville. FL 32256
Attention: Creditor Claims Agent
Under federal law, with certain limited exceptions, failure to file such claims by the Bar Date will
result in disallowance by the Receiver, the disallowance will be final, and further rights or remedies
with regard to the claims will be barred. 12 U.S.C. Section 1821(d)(5)(C), (d)(6).
TO THE DEPOSITORS OF THE INSTITUTION
The Federal Deposit Insurance Corporation, in its corporate capacity, which insures your deposits (the
“FDIC"). arranged for the transfer of the deposit(s) at the Failed Institution to another insured depository
institution. SCBT, NA. Orangeburg, SC. 29115 (“the New Institution"). This arrangement should minimize
the inconvenience the closing of the Failed Institution causes you. You may leave your deposits in
the New Institution, but you must take action to claim ownership of your deposits.
Federal law 12 U.S.C. Section 1822(e), requires you to claim ownership of (“claim") your deposits at
the New Institution within eighteen (18) months from the Closing Date. If you do not claim your
deposits at the New Institution by July 29,2011. the funds in your accounts) will be transferred back
to the FDIC. and you will no longer have access to your deposit(s) at the New Institution. However, as
described in more detail below, you may still be able to obtain these funds from your state government
or the Receiver.
You may claim your deposits at the New Institution by taking any of the following actions within 18 months
from the Closing Date. If you have more than one account, your action in claiming your deposit in one
account will automatically claim your deposit in al of your accounts.
1. Making a deposit to or withdrawal from your account(s). This includes writing a check on any
account, or having an automated direct deposit credited to or an automated withdrawal debited
from any account:
2. Executing a new signature card on your accounts), enter into a new deposit agreement with the
New Institution, changing the ownership on your account(s), or renegotiating the terms of your
certificate of deposit account:
3. Providing the New Institution with a completed change of address form; or
4. Writing to the New Institution and notifying them that you wish to keep your account(s) active. Please
be sure to include the name(s) of the accounts), the account numbers), and the signature of an
authorized signer on the account(s), name and address.
You should know that bank drafts issued by the Failed Institution, including officer’s checks,
cashier's checks, money orders, dividend checks, interest checks, and expense checks, are all
considered deposits and must be claimed within 18 months from the Closing Date.
If you do not claim ownership of your deposit(s) at the New Institution within 18 months from the Closing
Date, federal law. 12 U.S.C. Section 1822(e), requires the New Institution to return your deposit(s) to
the FDIC and the FDIC to deliver the unclaimed deposit(s) as unclaimed property to the state listed in
your address on the Failed Institution’s records. If your address is outside of the United States, the FDIC
is directed to deliver the unclaimed deposit(s) to the state in which the Failed Institution had its main
office. If the state accepts custody of your deposit®, you will have ten years from the date of delivery
to claim your deposit(s) from the state in accordance with its unclaimed property laws. If you do not
claim your deposits) from the state within the ten years, the funds will be returned to the FDIC. and
you will be permanently barred from claiming your deposit(s). If the state declines to accept custody of
your unclaimed deposit(s). you will be able to claim your deposit(s) directly from the FDIC until the
receivership is terminated. However, please note that a receivership may be terminated at any time.
Once the receivership is terminated, you will not be able to claim your deposits).
If you have a loan with the Failed Institution, and you would like to discuss offsetting your insured and/or
uninsured deposit(s) against the loan, you must contact the FDIC immediately.
In the event you disagree with the FDIC’s determination of your insurance coverage as represented by
the account(s) made available at the New Institution, you may seek a review of the FDIC’s determination
in the United States District Court for the federal judicial district where the principal place of business
of the Failed Institution was located You must file your request for this review no later than 60
days after the date on which the FDIC made your deposes) available to you at the New Institution.
Filing a request for review will not prevent you from using the funds in your new account