Newspaper Page Text
Legals
Page 5D
November 9, 2016
Deadline
Friday, 12 Noon
Miscellaneous
Hughes, an answer in writing
within sixty (60) days of the date
of the order for publication.
Witness, the
Honorable , Judge of this
Superior Court.
This day of ,
2016.
DEPUTY CLERK, Superior Court
of
Monroe County, Georgia
FOR: Summer J. Hughes
Georgia State Bar No. 076169
4170 Ashford Dunwoody Road
Suite 460
Atlanta, Georgia 30319
Phone: (770) 325-4849
Facsimile: (770) 325-4843
Email: Summer.Hughes@fnf.
com
Attorney for Plaintiff
11/2-11/23
Name Change
16-418
NOTICE OF PETITION TO
CHANGE NAME
GEORGIA, BIBB COUNTY
Notice is hereby given that
Tabitha D. Encinas, the
undersigned, filed her Petition
to the Superior Court of Monroe
County, Georgia, on the 24th
day of October, 2016, praying
for a change in the name of
the Petitioner from Tabitha D.
Encinas to Tabitha Duffey. Notice
is hereby given pursuant to law
to any interested or affected
party to appear in said court and
to file objections to such name
change. Objections must be filed
with said court within thirty (30)
days of this filing of said Petition.
This 24 day of October, 2016.
/s/Tabitha D. Encinas
11/9-11/30
Public Hearing
16-421
PUBLIC HEARING
An application has been filed
with Monroe County Zoning to
change a 267.16 acre tract from
Agriculture to Industrial with a
Conditional Use. The property
is located at 955 McCowan
Road (Map 068, Parcel 009). The
Planning and Zoning Board will
hold a public meeting to review
this application on November
28, 2016 at 5:30 pm. The
application requires approval
by the Board of Commissioners
of Monroe County and a
public hearing will be held on
December 5th, 2016 at 6:00
pm. If you have any questions,
please contact Anita Cauthen,
County Clerk/Administrator at
478-994-7000. Or visit www.
monroecountygeorgia.com for
information
11/9-11/16
16-422
PUBLIC HEARING
AConditional Use application has
been filed for a parcel currently
zoned for Agriculture with a
Conditional Use with Monroe
County Planning and Zoning
for a parking and storing heavy
equipment and trucks. Located
at 394 High Road, Forsyth, GA
31029, Map 014, Parcel 006H,
owned by Oscar Johnston. The
Planning and Zoning Board will
hold a public meeting to review
this application on November
28, 2016 at 5:30 pm. The
application requires approval
by the Board of Commissioners
of Monroe County and a
public hearing will be held
on December 5, 2016 at 6:00
pm. If you have any questions,
please contact Anita Cauthen,
County Clerk/Administrator at
478-994-7000. Or visit www.
monroecountygeorgia.com for
information.
11/9-11/16
16-423
PUBLIC HEARING
A Conditional Use application
has been filed for a parcel
currently zoned for Agriculture
with a Conditional Use with
Monroe County Planning and
Zoning for wedding and event
venue. Located at 2845 HWY
42 N, Forsyth, GA 31029, Map
051, Parcel 01 OF, owned by Leila
Miliner. The Planning and Zoning
Board will hold a public meeting
to review this application on
November 28, 2016 at 5:30 pm.
The application requires approval
by the Board of Commissioners
of Monroe County and a
public hearing will be held
on December 5, 2016 at 6:00
pm. If you have any questions,
please contact Anita Cauthen,
County Clerk/Administrator at
478-994-7000. Or visit www.
monroecountygeorgia.com for
information.
11/9-11/16
Public Sales/
Auctions
16-411
ABANDONED VEHICLES
Forsyth Wrecker, 545 Cabaniss
Rd., Forsyth, GA 31029, states
that the following vehicles are
Public Sales/
Auctions
abandoned and will be sold Nov.
10th at 10:00 a.m.
2003 Harley Davidson 100th
Anniversary
VIN# 1HD4CEM183K459664
2007 Harley Davidson Soft-tail
Deluxe
VIN# 1 HD1JD187Y098280
11/2-11/9
16-410
ABANDONED VEHICLE
One Stop Auto Repair states
that the following vehicle is
abandoned and will be sold at
a later date if not picked up as
stated. 173 Martin Luther King
Jr. Drive, Forsyth, GA 31029
1994 Honda Accord EX
VIN# 1HGCD5554RA031750
10/26-11/9
Probate Court
16-413
IN THE PROBATE COURT
COUNTY OF MONROE
STATE OF GEORGIA
IN RE: ESTATE OF JANIE LUE
RUTLAND, DECEASED
ESTATE NO. 2016PC107
PETITION FOR LETTERS OF
ADMINISTRATION
NOTICE
TO: (any heir whose current
address is unknown)
MARKIUS KORELLE RUTLAND
has petitioned for MARKIUS
KORELLE RUTLAND to be
appointed Administrator of the
estate of JANIE LUE RUTLAND
deceased, of said County. (The
Petitioner has also applied for
waiver of bond and/or grant
of certain powers contained
in O.C.G.A. §53-12-261.) All
interested parties are hereby
notified to show cause why said
petition 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 with the court
on or before December 5, 2016
@ 10:00 AM. All pleadings/
objections must be signed under
oath before a notary public or
before a probate court clerk,
and filing fees must be tendered
with your pleadings/objections,
unless you qualify to file as an
indigent party. Contact probate
court personnel at the following
address/telephone number for
the required amount of filing
fees. If any objections are filed,
a hearing will be scheduled at a
later date. If no objections are
filed, the petition may be granted
without a hearing.
/s/Donna S. Robins
Judge of the Probate Court
By: Ashlin Breland
Clerk/Deputy Clerk of the
Probate Court
PO Box 187
Forsyth, GA 31029
478-994-7036
11/2-11/23
16-414
IN THE PROBATE COURT
COUNTY OF MONROE
STATE OF GEORGIA
IN RE: ESTATE OF CHARLES L.
GARNTO, DECEASED
ESTATE NO. 2013PC073
PETITION FOR LETTERS OF
ADMINISTRATION
NOTICE
TO: Charles Dean Garnto and
Gerald L. Garnto:
GLENDA G. TODD and LARRY
T. GARNTO have petitioned for
GLENDA G. TODD and LARRY
T. GARNTO to be appointed
success or Administrators
of the estate of CHARLES L.
GARNTO deceased, of said
County. (The Petitioner has
also applied for waiver of bond
and/or grant of certain powers
contained in O.C.G.A. §53-12-
261.) All interested parties are
hereby notified to show cause
why said petition 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 with the court on or before
December 5, 2016 @ 10:00 AM.
All pleadings/objections must
be signed under oath before a
notary public or before a probate
court clerk, and filing fees must
be tendered with your pleadings/
objections, unless you qualify to
file as an indigent party. Contact
probate court personnel at the
following address/telephone
number for the required amount
of filing fees. If any objections are
filed, a hearing will be scheduled
at a later date. If no objections
are filed, the petition may be
granted without a hearing.
/s/Donna S. Robins
Judge of the Probate Court
By: Ashlin Breland
Clerk/Deputy Clerk of the
Probate Court
PO Box 187
Forsyth, GA 31029
478-994-7036
11/2-11/23
16-417
CITATION
RE: ESTATE OF LEONARD L.
PONTIAC, WARD
TO WHOM IT MAY CONCERN
AND:
The conservator(s) of the above
estate, has/have applied for
Probate Court
Discharge from said trust. This
is to notify the above interested
party(ies) to show cause, if any
they can, why said conservator(s)
should not be discharged from
office and liability. All objections
must be in writing, setting
forth the grounds of any such
objections, and filed with the
above Probate Court, Monroe
County Courthouse, Post Office
Box 187, Forsyth, Georgia 31029
on or before Dec. 5, 2016, 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
pleadings 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/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.
/s/Donna S. Robins
PROBATE JUDGE
By: Ashlin Breland
PROBATE CLERK/DEPUTY
CLERK
PO Box 187, Monroe County
Courthouse
Forsyth, GA 31029
478-994-7036
11/9
16-419
IN THE PROBATE COURT
COUNTY OF MONROE
STATE OF GEORGIA
IN RE: ESTATE OF JAMES
NEAL JONES, DECEASED
ESTATE NO. 2016PC099
PETITION FOR LETTERS OF
ADMINISTRATION
NOTICE
TO: All interested parties;
KRISTIN M. JONES has
petitioned for KRISTIN M.
JONES to be appointed
Administrator of the estate of
JAMES NEAL JONES deceased,
of said County. (The Petitioner
has also applied for waiver of
bond and/or grant of certain
powers contained in O.C.G.A.
§53-12-261.) All interested
parties are hereby notified to
show cause why said petition
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 with the court
on or before December 5, 2016
at 10:00 AM. All pleadings/
objections must be signed under
oath before a notary public or
before a probate court clerk,
and filing fees must be tendered
with your pleadings/objections,
unless you qualify to file as an
indigent party. Contact probate
court personnel at the following
address/telephone number for
the required amount of filing
fees. If any objections are filed,
a hearing will be scheduled at a
later date. If no objections are
filed, the petition may be granted
without a hearing.
/s/Donna S. Robins
Judge of the Probate Court
By: Ashlin Breland
Clerk/Deputy Clerk of the
Probate Court
PO Box 187
Forsyth, GA 31029
478-994-7036
11/9-11/30
16-420
IN THE PROBATE OCURT
COUNTY OF MONROE
STATE OF GEORGIA
IN RE: ESTATE OF BRAYLEN
COLE SIKES AND RYDER
TRACE SIKES, MINORS
ESTATE NO. 2016CG047
CITATION FOR TEMPORARY
LETTERS OF GUARDIANSHIP:
NOTICE OF PETITION FOR
TEMPORARY LETTERS OF
GUARDIANSHIP OF MINOR
TO: Stormi Nicole Weddle
You are hereby notified that
REGINA LYNN WORTH-SIKES
has filed to be appointed
temporary guardian of the
above-named minors. All
objections to the Petition
described above either to the
appointment of a temporary
guardian or the appointment
of the Petitioner as temporary
guardian must be in writing, set
forth the grounds of any such
objections, and be filed with this
Court no later than fourteen (14)
days after this notice is mailed,
or ten (10) days after this notice
is personally served upon you,
or ten (10) days after the second
publication of this notice if you
are served by publication. All
pleadings must be signed before
a notary public or Georgia
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/telephone
number for the required amount
of filing fees.
NOTE: If a natural guardian files
an objection to the creation of
the temporary guardianship,
the Petition will be dismissed.
If a natural guardian files an
Probate Court
objection to the appointment
of the petitioner as guardian, or
if a parent who is not a natural
guardian files an objection to the
Petition, a hearing on the matter
shall be scheduled at a later
date. If no objection is filed, the
Petition may be granted without
a hearing.
/s/Donna S. Robins
Judge of the Probate Court
By: Mary Ashlin Breland
Clerk/Deputy Clerk of the
Probate Court
PO Box 187
Forsyth, GA 31029
478-994-7036
11/9-11/16
Sale Under
Power
16-424
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
By virtue of the Power of
Sale contained in that certain
Security Deed given from Darren
Lee Pace to Mortgage Electronic
Registration Systems, Inc. as
nominee for Alacrity Lending
Company, dated 06/19/2009,
recorded 06/30/2009 in Deed
Book 1358, Page 229, Monroe
County, Georgia records, and as
rerecorded in Deed Book 1448,
Page 1, Monroe County, Georgia
records, and as modified in Deed
Book 1381, Page 246, Monroe
County, Georgia records, and
as modified in Deed Book 1715,
Page 101, Monroe County and
as last assigned to Freedom
Mortgage Corporation by virtue
of assignment recorded in Deed
Book 1666, Page 195, Monroe
County, Georgia records, said
Security Deed having been
given to secure a Note of even
date in the principal amount of
ONE HUNDRED FORTY-ONE
THOUSAND THREE HUNDRED
NINETY-ONE AND 00/100
DOLLARS ($141,391.00), with
interest thereon as provided
for therein, there will be sold
at public outcry to the highest
bidder for cash before the
courthouse door of Monroe
County, Georgia, within the
legal hours of sale on the first
Tuesday in December 2016 by
Freedom Mortgage Corporation,
as Attorney in Fact for Darren
Lee Pace, 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 LAND
LOT 130 OF THE 4TH LAND
DISTRICT, 523RD (HIGH FALLS)
GEORGIA MILITIA DISTRICT OF
MONROE COUNTY, GEORGIA,
CONTAINING 3.00 ACRES,
MORE OR LESS, ACCORDING
TO THAT CERTAIN PLAT
OF SURVEY ENTITLED “A
BOUNDARY SURVEY FOR
VICKIE L. PACE & DARREN L.
PACE”, PREPARED BY HUGH
W. MERCER, JR., SURVEYOR,
DATED DECEMBER 19, 2007,
AND RECORDED IN PLAT
BOOK 29, PAGE 227, CLERK'S
OFFICE, MONROE SUPERIOR
COURT, WHICH PLAT IS BYTHIS
REFERENCE INCORPORATED
HEREIN AND MADE A PART
OF THIS DESCRIPTION.
THIS PROPERTY HEREIN
DESCRIBED BEING A
PORTION OF THE PROPERTY
CONVEYED BY TIMBERLINE
PROPERTIES, INC. TO JAMES
E. EIDSON AND MARY M.
EIDSON BY WARRANTY DEED
DATED JUNE 14, 1979, AND
RECORDED IN DEED BOOK
120, PAGES 74-75, AFORESAID
RECORDS. SAID PROPERTY
ALSO BEING A PORTION OF
THE PROPERTY CONVEYED
BY BELINDA SUE EIDSON, ET
AL TO JAMES E. EIDSON BY
WARRANTY DEED RECORDED
IN DEED BOOK 1286, PAGES
96-97, AFORESAID RECORDS.
SAID PROPERTY ALSO BEING
A PORTION OF THE PROPERTY
CONVEYED BY JAMES E.
EIDSON, AS ADMINISTRATOR
OF THE ESTATE OF MARY
M. EIDSON, DECEASED,
TO JAMES E. EIDSON BY
ADMINISTRATOR'S DEED
DATED APRIL 7, 2008, AND
RECORDED IN DEED BOOK
1286, PAGE 98, AFORESAID
RECORDS. SAID PROPERTY
BEING THE SAME PROPERTY
CONVEYED BY WARRANTY
DEED FROM JAMES E. EIDSON
TO VICKIE LYNN PACE AND
DARREN L. PACE DATED MAY
16, 2008, RECORDED IN DEED
BOOK 1292, PAGE 312 IN THE
OFFICE OF THE CLERK OF
SUPERIOR COURT MONROE
COUNTY, GEORGIA. ALSO
CONVEYED HEREWITH IS A
2008 PALM HARBOR HOMES
MANUFACTURED HOME,
MODEL Q3RX60H3, BEING
30' X 60' AND HAVING SERIAL
NUMBER MP1814191AB,
WHICH IS PERMANENTLY
ATTACHED TO AND MADE A
PART OF THE REAL PROPERTY.
SUBJECT TO ANY EASEMENTS
OR RESTRICTIONS OF
RECORD. Said property being
known as 1591 BLOUNT RD,
JACKSON, GEORGIA 30233
according to the present
Sale Under
Power
numbering system in Monroe
County. The indebtedness
secured by said Security Deed
has been declared due because
of default under the terms of
said Security Deed and Note.
The indebtedness remaining in
default, this sale will be made
for the purpose of paying the
same, all expenses of the sale,
including attorneys’ fees and
all other payments 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: any superior
Security Deeds of record; all
zoning ordinances; matters
which would be disclosed by
an accurate survey or by an
inspection of the property; any
outstanding taxes, including but
not limited to ad valorem taxes,
which constitute liens upon said
property; special assessments;
all outstanding bills for public
utilities which constitute liens
upon said property; all restrictive
covenants, easements, rights-
of-way and any other matters
of record superior to said
Security Deed. To the best of
the knowledge and belief of
the undersigned, the party in
possession of the property is
Darren Lee Pace a/k/a Darren
L. Pace or tenant(s). The sale
will be conducted subject to
(1) confirmation that the sale is
not prohibited under the U.S.
Bankruptcy Code, and (2) final
confirmation and audit of the
status of the loan. The name
of the person or entity who has
the full authority to negotiate,
amend, and modify all terms
of the mortgage is: Freedom
Mortgage, 10500 Kincaid Drive,
Fishers, IN 46037 TEL 855-
690-5900. THIS LAW FIRM IS
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE. The Geheren
Firm, P.C., 4828 Ashford
Dunwoody Road, 2nd Floor,
Atlanta, GA 30338 TEL (678)
587-9500.
16-425
NOTICE OF FORECLOSURE
SALE UNDER POWER
MONROE COUNTY, GEORGIA
THIS IS AN ATTEMPT 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 Holly
M. Martinage to Mortgage
Electronic Registration Systems,
Inc. as nominee for SunTrust
Mortgage, Inc., dated December
20, 2011, and recorded in Deed
Book 1480, Page 266, Monroe
County, Georgia Records, as
last transferred to SunTrust
Mortgage, Inc. by assignment
recorded on October 31, 2012
in Book 1528 Page 118 in the
Office of the Clerk of Superior
Court of Monroe County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of Sixty-Nine Thousand
Nine Hundred Ninety-Three
and 0/100 dollars ($69,993.00),
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 Monroe
County, Georgia, within the legal
hours of sale on December 6,
2016, the following described
property:
All that tract or parcel of land
lying and being in Land Lot 134
of the 4th District, of Monroe
County, Georgia and being Lot
61 of Lakeview Subdivision,
Phase 1 and per plat recorded
in Plat Book 26, Pages 184,
185 and 186, Monroe County
Records to which reference is
hereby for a more particular
description of said property.
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 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 having been
given).
The entity having full authority
to negotiate, amend or modify
all terms of the loan (although
not required by law to do so) is:
SunTrust Mortgage, Inc. they
can be contacted at (800) 443-
1032 for Loss Mitigation Dept,
or by writing to PO Box 27767,
Richmond, Virginia 23261, to
discuss possible alternatives to
avoid 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 matters
which might be disclosed by an
accurate survey and inspection
of the property, any assessments,
Sale Under
Power
liens, encumbrances, 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 Holly M. Martinage
or tenant(s); and said property is
more commonly known as 100
Hickory Road, Jackson, GA
30233.
The sale will be conducted
subject to (1) confirmation that
the sale is not prohibited under
the U.S. Bankruptcy Code (2)
final confirmation and audit of
the status of the loan with the
holder of the security deed and
(3) any right of redemption or
other lien not extinguished by
foreclosure.
SunTrust Mortgage, Inc. as
Attorney in Fact for Holly M.
Martinage.
Brock & Scott, PLLC
4360 Chamblee Dunwoody
Road
Suite 310
Atlanta, GA 30341
404-789-2661
B&S file no.: 13-02331
16-426
NOTICE OF FORECLOSURE
SALE UNDER POWER
MONROE COUNTY, GEORGIA
THIS IS AN ATTEMPT 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 Robert G. Gray
and Trina M. Gray to SunTrust
Mortgage, Inc., dated February
28, 2005, and recorded in Deed
Book 1028, Page 144, Monroe
County, Georgia Records,
subsequently modified by a
Loan Modification Agreement
recorded November 14, 2005
in Book 01089, Page 066 in the
amount of Four Hundred Fifteen
Thousand Two Hundred and
00/100 ($415,200.00) Monroe
County, Georgia Records, as
last transferred to Deutsche
Bank Trust Company Americas,
as Trustee for Residential
Accredit Loans, Inc., Mortgage
Asset-Backed Pass-Through
Certificates Series 2006-QS8
by assignment recorded on July
25, 2013 in Book 1576 Page
307 in the Office of the Clerk
of Superior Court of Monroe
County, Georgia Records,
conveying the after-described
property to secure a Note in the
original principal amount of Four
Hundred Nineteen Thousand
Eighty-Three and 0/100 dollars
($419,083.00), 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 Monroe County, Georgia,
within the legal hours of sale on
December 6, 2016, the following
described property:
All that tract or parcel of land
situate, lying and being in Land
Lot 234 of the 4th Land District
of Monroe County, Georgia,
and being more particularly
shown and designated as Lot
27-B, containing 10.37 acres
on that certain plat of survey
entitled “A Final Subdivision
Plat of Riverwalk”, prepared by
Steven A. Coleman, G.R.L.S.
No. 2690, dated May 25, 2000,
and recorded in Plat Book 24,
Page 7, in the Office of the
Clerk of Superior Court, Monroe
County, Georgia; said plat is
by this reference incorporated
herein and made a part of this
description for all purposes.
This is a portion of the property
conveyed to Piedmont
Woodlands Development
Corporation by Warranty Deed
dated December 15, 1999, and
recorded in Deed Book 643,
Page 1, aforesaid records.
Said property is conveyed
subject to the Declaration
of Restrictive Covenants for
Riverwalk Subdivision, dated
June 15, 2000, and recorded in
Deed Book 670, Pages 343-355,
aforesaid records.
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 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 having been
given).
The entity having full authority
to negotiate, amend or modify
all terms of the loan (although
not required by law to do so) is:
SunTrust Mortgage, Inc. they
can be contacted at (800) 443-
1032 for Loss Mitigation Dept,
or by writing to PO Box 27767,
Richmond, Virginia 23261, to
discuss possible alternatives to
avoid foreclosure.
Said property will be sold
subject to any outstanding ad