Newspaper Page Text
Page 4B, October 22, 2008
Public Notices
Deadline:
Friday, 12 noon
478-994-2358
000
Public Notices
08-507
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE 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 that certain
Security Deed given by Jeffery W
Frye to SunTrust Bank, dated March
10, 2005 and filed April 22, 2005,
recorded in Deed Book 1040, Page
179, Monroe County, Georgia
Records, conveying the after-
described property to secure a
Access 3 Equity Line Account
Agreement and Disclosure
Statement in the original principal
amount of Twenty Thousand Dollars
and No Cents ($20,000.00), 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 County,
Georgia, within the legal hours of
sale on Tuesday November 4, 2008,
the following described property:
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING
WITHIN THE CORPORATE LIMITS
OF THE CITY OF FORSYTH, 6TH
(FORSYTH) LAND DISTRICT OF
MONROE COUNTY, GEORGIA,
AND BEING MORE
PARTICULARLY DESCRIBED AS
BEING ALL OF LOT 4 AND THAT
PORTION OF LOT 3 NOT
CONVEYED BY HAROLD L.
ZELLNER TO TROY AND
DOROTHY BRINKLEY BY
WARRANTY DEED DATED APRIL
10, 1961, AND RECORDED IN
DEED BOOK 68, PAGE 422,
CLERK’S OFFICE, MONROE
SUPERIOR COURT. SAID LOTS
BEING IN SECTION B OF THE
BETSY-LYNN ESTATES
ACCORDING TO THAT CERTAIN
PLAT OF SURVEY ENTITLED THE
BETSY-LYNN ESTATES,
PREPARED BY HURLEY J.
GRIFFIN, SURVEYOR, DATED
SEPTEMBER 5, 1958, AND
RECORDED IN PLAT BOOK 2,
PAGE 139, CLERK'S OFFICE,
MONROE SUPERIOR COURT,
WHICH PLAT IS BY REFERENCE
INCORPORATED HEREIN AND
MADE A PART OF THIS
DESCRIPTION.
THE PROPERTY HEREIN
DESCRIBED BEING THE
PROPERTY CONVEYED BY
JOANNE SMITH, AS EXECUTOR
OF THE LAST WILL AND
TESTAMENT OF CATHERYN
ROSE SMITH TO DAVID L.
CROCKETT AND PEGGY D.
CROCKETT BY EXECUTOR'S
DEED DATED FEBRUARY 13,
1998, AND RECORDED IN DEED
BOOK 554, PAGES 160-161,
AFORESAID RECORDS.
SAID PROPERTY IS CONVEYED
SUBJECT TO THE FOLLOWING
COVENANT WHICH RUNS WITH
THE LAND, TO-WIT: ...THAT NO
BUILDING SHALL BE
CONSTRUCTED UPON SAID
TRACT OF LAND EXCEPT THAT
SUCH BUILDING SHALL HAVE
HEATED LIVING SPACE OF NOT
LESS THAN 1,500 SQUARE FEET,
AND THAT SUCH BUILDING
SHALL BE OF WOOD, OR BRICK
CONSTRUCTION OR A
COMBINATION THEREOF WITH
NO ASBESTOS SIDING AND NO
CONCRETE BLOCKS EXPOSED.
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
provided in the Access 3 Equity Line
Account Agreement and Disclosure
Statement 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 the Security
Deed and by law, including
attorney's fees (notice of intent to
collect attorney's fees having 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
matters which might be disclosed by
an accurate survey and inspection
of the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, covenants,
and matters of record superior to the
Security Deed first set out above
including but not limited to that
certain Security Deed given by
Jeffery W Frye to SunTrust Bank,
dated May 28, 2002 and filed May
29, 2002, recorded in Deed Book
790, Page 286, Monroe County,
Georgia Records, conveying the
after-described property to secure a
Note in the original principal amount
of $92,415.00.
To the best knowledge and belief
of the undersigned, the party in
possession of the property is Jeffery
W Frye or a tenant or tenants and
said property is more commonly
known as 15 Pineview Circle,
Forsyth, GA31029.
000
Public Notices
In compliance with Georgia law,
please find below the contact
information for the entity who has
authority to negotiate, amend, and
modify the terms of the loan
documents which may include a
note, mortgage, security deed or
deed to secure debt.
SunTrust Bank
Attn: Consumer Home Retention
Group, VA-Richmond-RVW 7954
1001 Semmes Avenue
Richmond, VA 23224
1 (888) 886-0696
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.
SunTrust Bank, as Attorney in Fact
for Jeffery W Frye
Andrew D. Gleason
Attorney for SunTrust Bank
Lefkoff, Rubin & Gleason, PC.
5555 Glenridge Connector
Suite 900
Atlanta, Georgia 30342
(404)869-6900
(404)869-6909 (fax)
08-492
NOTICE
GEORGIA, MONROE COUNTY
PROBATE COURT
TO: All interested parties
The petition of Deborah M. Car
penter, for a year’s support from
the estate of James E. Carpenter,
deceased, for decedent’s surviving
spouse, having been duly filed, all
interested persons are hereby noti
fied to show cause, if any they
have, on or before November 10,
2008 @ 10:00 a.m. why said peti
tion should not be granted.
All objections to the petition must
be in writing, setting forth the
grounds of any such objections,
and must be filed on or before the
time stated in the preceding sen
tence. All pleadings/objections
must be signed before a notary
public or before a probate court
clerk, and filing fees must be ten
dered with your pleadings/objec
tions, unless you qualify to file as
an indigent party. Contact probate
court personnel at the following ad
dress/telephone number for the re
quired amount of filing fees. If any
objections are filed a hearing will be
scheduled at a later date. If no ob
jection are filed, the petition may be
granted without a hearing.
Karen H. Pitman
PROBATE JUDGE
By: Janet E. Hencely
PROBATE CLERK/DEPUTY
CLERK
Monroe County Courthouse
PO Box 187
Forsyth, GA31029
478-994-7036
08-502
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
Because of default in the pay
ment of the indebtedness, secured
by a Security Deed executed by
Laverne Colbert and William Col
bert to Mortgage Electronic Regis
tration Systems, Inc. dated June
16, 2006 in the amount of
$90,000.00, and recorded in Deed
Book 1140, Page 1, Monroe Coun
ty, Georgia Records; as last trans
ferred to Mortgage Electronic Reg
istration Systems, Inc. by assign
ment; the undersigned, Mortgage
Electronic Registration Systems,
Inc. pursuant to said deed and the
note thereby secured, has declared
the entire amount of said indebted
ness due and payable and pur
suant to the power of sale con
tained in said deed, will on the first
Tuesday in November, 2008 , dur
ing the legal hours of sale, at the
Courthouse door in Monroe Coun
ty, sell at public outcry to the high
est bidder for cash, the property de
scribed in said deed to-wit:
The following described real prop
erty situate in the City of Forsyth,
County of Monroe, and State of
Georgia, to wit:
The following described property
situated in Monroe County, Geor
gia, to wit:
All that certain parcel of land sit
uate in the 6th Land District of Mon
roe County, State of Georgia, being
known and designated as Parcel 2,
containing 0.255 acres, of Lot 28 in
Section 4 of Willis Heights Subdivi
sion, according to that certain plat
of survey entitled, A Partitioning
Sketch for Nathaniel Freeman dat
ed 1/7/01 and recorded in Plat
Book 25 Page 100, Clerk Office,
Monroe Superior Court, which plat
is by this reference incorporated
herein and made a part of this de
scription.
More commonly known as: 74
George Street, Forsyth, Georgia
31029.
Tax ID#: F32-039A.
By Fee Simple Deed from Wil
liam Colbert, a married man as set
forth in Deed Book 968, Page 150
000
Public Notices
and recorded on 5/26/2004, Mon
roe County Records.
The Source Deed as stated
above is the last record of vesting
filed for this property. There have
been no vesting changes since the
date of the above referenced
source.
which has the property address
of 74 George Street, Forsyth, Geor
gia., together with all fixtures and
other personal property conveyed
by said deed.
The sale will be held subject to
any unpaid taxes, assessments,
rights-of-way, easements, protec
tive covenants or restrictions, liens,
and other superior matters of re
cord which may affect said proper
ty-
The sale will be conducted sub
ject (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 inten
tion to collect attorneys' fees in ac
cordance with the terms of the note
secured by said deed.
Said property will be sold as the
property of Laverne Colbert and
William Colbert and the proceeds
of said sale will be applied to the
payment of said indebtedness, the
expense of said sale, all as provid
ed in said deed, and the under
signed will execute a deed to the
purchaser as provided in the afore
mentioned Security Deed.
Mortgage Electronic Registration
Systems, Inc.
Attorney in Fact for
Laverne Colbert and
William Colbert
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-19961 /CONV
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS AT
TEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR
THAT PURPOSE.
08-496
NOTICE OF PETITION TO
CHANGE NAME
2008-CV-888
Notice is hereby given that Tam
my Janette Dungy, the under
signed, filed her petition to the Su
perior Court of Monroe County,
Georgia, on the 25th day of Sep
tember, 2008, praying for a change
in the name of Petitioner's from
Tammy Janette Dungy, to Tammy
Janette Brady.
Notice is hereby given pursuant
to law to any interested or affected
party to appear in said Court and
file objections to such name
change. Objections must be filed
with said Court within 30 days of
the filing of said petition.
This 25th day of September,
2008.
/s/Tammy Janette Dungy,
Petitioner
745 Lassiter Road
Forsyth, GA31029
478-994-8591
08-494
NOTICE OF PETITION TO
CHANGE NAME
2008-CV-890
Notice is hereby given that Kevin
Wilson Dungy and Tammy Janette
Dungy, the undersigned, filed their
petition to the Superior Court of
Monroe County, Georgia, on the
25th day of September, 2008, pray
ing for a change in the name of
their minor child from Riley Blake
Dungy to Riley Blake Brady.
Notice is hereby given pursuant
to law to any interested or affected
party to appear in said Court and
file objections to such name
change. Objections must be filed
with said Court within 30 days of
the filing of said petition.
This 25th day of September,
2008.
/s/Kevin Wilson Dungy, Petitioner
745 Lassiter Road
Forsyth, GA31029
478-994-8591
/s/Tammy Janette Dungy,
Respondent
745 Lassiter Road
Forsyth, GA31029
478-994-8591
08-495
NOTICE OF PETITION TO
CHANGE NAME
Notice is hereby given that Kevin
Wilson Dungy, the undersigned,
filed his petition to the Superior
Court of Monroe County, Georgia,
on the 25th day of September,
2008, praying for a change in the
name of Petitioner’s from Kevin
Wilson Dungy, to Kevin Wilson Bra
dy.
Notice is hereby given pursuant
to law to any interested or affected
party to appear in said Court and
file objections to such name
000
Public Notices
change. Objections must be filed
with said Court within 30 days of
the filing of said petition.
This 25th day of September,
2008.
/s/Kevin Wilson Dungy
Petitioner
745 Lassiter Road
Forsyth, GA 31029
478-994-8591
08-491
NOTICE
GEORGIA, MONROE COUNTY
PROBATE COURT
Ann C. Radford has petitioned to
be appointed administrator of the
estate of Carl Clyde Collins, Jr., de
ceased, of said County. The peti
tioner has also applied for waiver of
bond and/or grant of certain powers
contained in O.C.G.A. §53-12-232
All interested parties are hereby no
tified to show cause why said peti
tion should not be granted. All ob
jections to the petition must be in
writing, setting forth the grounds of
any such objections, and must be
filed with the court on or before No
vember 10, 2008 @ 10:00 a.m. All
pleadings/objections must be sign
ed before a notary public or before
a probate court clerk, and filing fees
must be tendered with your plead
ings/objections, unless you qualify
to file as an indigent party. Contact
probate court personnel at the fol
lowing address/telephone number
for the required amount of filing
fees. If any objections are filed, a
hearing will be scheduled at a alter
date. If no objections are filed, the
petition may be granted without a
hearing.
/s/Karen H. Pitman
PROBATE JUDGE
By: Janet E. Hencely
Deputy Clerk
PO Box 187
Forsyth, GA31029
478-994-7036
08-490
IN THE SUPERIOR COURT OF
MONROE COUNTY
STATE OF GEORGIA
SANDRA KAYE CALDWELL
PLAINTIFF
RICKEY ZANE CALDWELL
DEFENDANT
CIVIL ACTION NO. 2008-CV-883
NOTICE OF PUBLICATION
By order for service by publica
tion dated the 23 day of September
2008, you are hereby notified that
on the 23 day of September, 2008,
Sandra Kaye Caldwell VS Rickey
Zane Caldwell filed suit against you
for Divorce.
You are required to file with the
Clerk of the Superior Court, and
serve upon plaintiff’s attorney PRO
SE/SANDRA KAYE CALDWELL
an answer in writing within sixty
(60) days of the date of the order
for publication.
WITNESS, the Honorable Tho
mas H. Wilson, Judge of this Supe
rior Court.
This the 23 day of September,
2008.
/s/Angela Banks
Deputy Clerk, Superior Court
Monroe County
08-506
STATE OF GEORGIA
COUNTY OF MONROE
NOTICE OF SALE
UNDER POWER
Under and by virtue of the power
of sale contained with that certain
Deed to Secure Debt dated August
26, 2005, from Cassandra Ann
Sherman to Mortgage Electronic
Registration Systems, Inc., as nom
inee for Decision One Mortgage
Company, LLC, recorded on Au
gust 30, 2005 in Deed Book 1072
at Page 76, in the office of the
Clerk of the Superior Court of Mon
roe County, Georgia, and said
Deed to Secure Debt having been
given to secure a note dated Au
gust 26, 2005, in the amount of
$114,800.00, said note being in de
fault, the undersigned will sell at
public outcry during the legal hours
of sale before the door of the court
house of Monroe County, Georgia,
on November 4, 2008, the following
described real property (hereinafter
referred to as the “Property”):
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOTS 36 AND 37 OF THE
14TH LAND DISTRICT, 467TH
(CABINESS) GEORGIA MILITIA
DISTRICT OF MONROE COUNTY,
GEORGIA, CONTAINING TOTAL
AREA: 4.23 ACRES, ACCORD
ING TO THAT CERTAIN PLAT OF
SURVEY ENTITLED “A BOUN
DARY SURVEY & AS-BUILT
LOAN FOR ELDON E WATTS,
PREPARED BY HUGH W. MER
CER, JR., SURVEYOR, DATED
AUGUST 25, 1994, AND RE
CORDED IN PLAT BOOK 19,
PAGE 272, CLERK'S OFFICE,
MONROE SUPERIOR COURT.
SAID TRACT HAS SUCH SIZE,
SHAPE AND DIMENSION AS
SHOWN ON SAID PLAT, WHICH
000
Public Notices
BY REFERENCE THERETO IS IN
CORPORATED HEREIN.
SAID PROPERTY IS CON
VEYED SUBJECT TO POWER
LINES AS SHOWN ON SAID
PLAT; A PORTION OF THE
PROPERTY LIES WITHIN THE
SPECIAL FLOOD HAZARD AREA
AS SHOWN ON SIAD PLAT.
SAID PROPERTY IS CON
VEYED SUBJECT TO ALL ZON
ING ORDINANCES, EASEMENTS,
CONDITIONS AND RESTRIC
TIONS OF RECORD.
The debt secured by the Security
Deed and evidenced by the note
and has been, and is hereby, de
clared due and payable because of,
among other possible events of de
fault, failure to make the payments
as required by the terms of the
Note. The debt remaining is in de
fault and this sale will be made for
the purposes of paying the Deed to
Secure Debt, accrued interest, and
all expenses of the sale, including
attorneys' fees. Notice of intention
to collect attorneys' fees has been
given as provided by law. To the
best of the undersigned's knowl
edge, the person(s) in possession
of the property is/are Cassandra
Ann Sherman. The property, being
commonly known as 79 Castleberry
Loop, Forsyth, GA 31029 in Mon
roe County, will be sold as the
property of Cassandra Ann Sher
man, subject to any outstanding ad
valorem taxes (including taxes
which are a lien and not yet due
and payable), any matters affecting
title to the property which would be
disclosed by accurate survey and
inspection thereof, and all assess
ments, liens, encumbrances, re
strictions, covenants, and matters
of record to the Security Deed.
Albertelli Law
Attorney for Deutsche Bank Nation
al Trust Company as Trustee under
POOLING AND SERVICING
AGREEMENT Dated as of January
1,2006 MORGAN STANLEY
HOME EQUITY LOAN TRUST
2006 1 MORTGAGE PASS
THROUGH CERTIFICATES, SER
IES 2006-1 as Attorney in Fact for
Cassandra Ann Sherman
100 Galleria Parkway, Suite 900
Atlanta, GA 30339
Phone: (866)690-0418
By: James E. Albertelli, Esq.
For the Firm
08-09186
08-513
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPT
ING 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 Sharon S. Tucker to
Wachovia Bank, National Associa
tion, dated October 9, 2003, record
ed in Deed Book 922, Page 77,
Monroe County, Georgia Records,
conveying the after-described prop
erty to secure a Note in the original
principal amount of THIRTY-FIVE
THOUSAND SEVEN HUNDRED
FIFTY-SIX AND 50/100 DOLLARS
($35,756.50), with interest thereon
as set forth therein, there will be
sold at public outcry to the highest
bidder for cash before the court
house door of Monroe County,
Georgia, within the legal hours of
sale on the first Tuesday in Novem
ber, 2008, the following described
property:
All that parcel of land being in the
State of Georgia, and being more
particularly described as follows:
All that parcel of land being in
Monroe County, Georgia in the City
of Forsyth , and being known and
distinguished as a portion of the
Currey Subdivision more particular
ly described on a plat entitled "Map
showing property of Raymond
Shannon" prepared by John W.
Wade on May 24, 1952, a copy of
which is of record in Plat Book 2,
Page 13, Clerk's Office, Monroe
Superior Court.
The debt secured by said Securi
ty Deed has been and is hereby de
clared due because of, among oth
er 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 de
fault, 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, in
cluding attorneys fees (notice of in
tent to collect attorneys fees having
been given).
Said property will be sold subject
to any outstanding ad valorem tax
es (including taxes which are a lien,
but not yet due and payable), any
matters which might be disclosed
by an accurate survey and inspec
tion of the property, any assess
ments, liens, encumbrances, zon
ing ordinances, restrictions, cove
nants, and matters of record superi
or to the Security Deed first set out
above.
000
Public Notices
The entity that has full authority
to negotiate, amend, and modify all
terms of the mortgage with the
debtor is: Wachovia Bank, National
Association, 3563 Philips Highway,
Building D, Mail Code FL0613,
Jacksonville, FL 32207, 800-922-
4684. Please understand that the
secured creditor is not required by
law to negotiate, 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 Ray
mond Shannon Sr. or a tenant or
tenants and said property is more
commonly known as 40 Blount
Street, Forsyth, Georgia 31029.
The sale will be conducted sub
ject (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.
Wachovia Bank, National Associa
tion
as Attorney in Fact for
Sharon S. Tucker
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/rao 11/4/08
Our file no. 5226905-FT8
08-532
NOTICE OF PROPOSED ORDI
NANCE AND RESOLUTION OF
THE MAYOR AND COUNCIL OF
THE CITY OF FORSYTH, GEOR
GIA TO AMEND AN ORDINANCE
OF THE MAYOR AND COUNCIL
OF THE CITY OF FORSYTH
ADOPTED JULY 18, 2006, AND
FOR OTHER PURPOSES RELAT
ED THERETO
Notice is hereby given that the
Mayor and Council of the City of
Forsyth will consider and a public
hearing will be held with regard to
an ordinance to amend an ordi
nance of the Council of the City of
Forsyth of July 18, 2006 with re
gard to landscaping of certain prop
erties, and for other purposes relat
ed thereto, on the 4th day of No
vember, 2008, at 7:00 p.m. or as
soon thereafter as the matter may
be reached, at City Hall Council
Chambers. A copy of the proposed
Ordinance is available for inspec
tion by the public at the office of the
Clerk of the City of Forsyth at City
Hall during normal business hours.
This 7th day of October, 2008.
Mayor and Council of the City of
Forsyth
08-536
IN THE JUVENILE COURT OF
MONROE COUNTY, GEORGIA
IN THE INTEREST OF:
B.E.S.. SEX W/M. AGE 1. DOB
08/24/07. CASE #2008-JR-281
CHILD UNDER 18 YEARS OF
AGE
TO WHOM IT MAY CONCERN,
ANY POSSIBLE UNKNOWN FA
THER AND ANYONE CLAIMING
A PARENTAL INTEREST I N THE
ABOVE NAMED CHILD BORN TO
MEGAN SMITH
You are notified that a Petition
for Non-Reunification concerning of
the above child was filed against
you in said court on 10/1/08 and by
reason of an Order for Service en
tered by the court on 10/1/08.
YOU ARE COMMANDED AND
REQUIRED TO BE AND APPEAR
before the Monroe County Juvenile
Court, Monroe County Justice Cen
ter, Forsyth, Georgia on 10/22/08 at
8:30 o'clock a.m. and at 8:30
o’clock a.m. on 01/06/09 for a hear
ing following service by publication.
Serve an answer on Petitioner’s At
torney, W. Ashley Hawkins, PO
Box 325, Forsyth, Georgia 31029.
You may obtain a copy of the peti
tion by contacting the Monroe
County Juvenile Court Clerk.
WITNESS the Honorable Judges
of this court, this 1 day of October,
2008.
/s/Susan Niblett
dep CLERK, MONROE COUNTY
JUVENILE COURT
08-528
NOTICE TO DEBTORS AND
CREDITORS
Monroe County, Georgia
IN RE: The Estate of Ellen Au
drey Mixon Gunnells, Deceased
All creditors of the Estate of EL
LEN AUDREY MIXON GUNNELLS
are hereby notified to render their
demands to the undersigned ac
cording to law, and all persons in
debted to the estate are required to
make immediate payment to the
undersigned.
This 24th day of July, 2008.
/s/Toni Martin, Executor
Wallace H. Wright
Attorney at Law
300 Donehoo Street
Statesboro, GA 30458
(912)764-9045
GA Bar 0778800