Oct. 28, 2004
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Volume 79, No. 31


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LEGALS
Notice: The Sylva Herald doesn't guarantee any information contained within the classifieds section. Some classifieds may contain inaccurate information that was provided to us by customer. You should independently verify any listing that might be of question. We are not held liable/responsible for any typographical errors.


LEGAL NOTICE

Notice of Service of Process by Publication

ENROLLMENT COMMITTEE

EASTERN BAND OF CHEROKEE INDIANS

NOTICE OF HEARING

TO: NICHOLAS MINCEY STAMPER, a minor.

and SIRI MICHELLE MINCEY, mother.

and NED EDWARD STAMPER, JR., father.

TAKE NOTICE that the Enrollment Committee of the Eastern Band of Cherokee Indians has initiated DISENROLLMENT PROCEEDINGS against NICHOLAS MINCEY STAMPER, a minor, on the grounds that he does not qualify for enrollment. You must make your defense at the Committee's hearing on the matter, to be held on December 6, 2004, at 9:00 a.m. at the Tribal Council Chambers, 88 Council House Loop, Cherokee, NC. The Committee will determine whether NICHOLAS MINCEY STAMPER is eligible to remain enrolled as a member of the Tribe or whether he should be removed from membership.

You may appear with counsel or other representative. The Committee will render a decision with or without your appearance or response.

This is the 15th day of October, 2004.

Nancy Maney

Enrollment Office

Eastern Band of Cherokee Indians

P.O. Box 455, Cherokee, NC, 28719

828-497-8110

30,31

 

NOTICE OF PUBLIC HEARING

The Village of Forest Hills Council will hold their regularly scheduled Council Meeting on Monday, November 8, 2004 at 7:00 p.m. at the Jackson County Recreation Center, Cullowhee.

31,32


NOTICE OF DISCHARGE OF

UNTREATED WASTEWATER

In accordance with NCGS, Article 21, 143.215C, this press release is to inform you that the Tuckaseigee Water & Sewer Authority, TWSA, had a discharge of untreated wastewater from our collection system into Love Branch, which began approximately on 9/27/04 and ended at 3 pm on 10/22/04. Further investigation revealed that extensive repairs to a culvert on Love Ave., damaged by Hurricane Ivan, had taken place between 09/17/04 and 10/01/04. Given that both TWSA and water and wastewater lines were in the project area it is likely that inadvertent damage to the wastewater system occurred at this time. It is estimated that 80,000 gallons of untreated wastewater entered Love Branch between 9/27/04 and 10/22/04. Please do not hesitate to contact Hugh Montgomery, 586-5189, should you have further questions.

31


IN THE GENERAL COURT OF JUSTICE

OF NORTH CAROLINA

SUPERIOR COURT DIVISION

JACKSON COUNTY

04SP87

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MARK E. BENNETT DATED AUGUST 10, 2000 AND RECORDED IN BOOK 1111 AT PAGE 638 IN THE JACKSON COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Pursuant to an order of the Clerk of Superior Court and under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the indebtedness secured by said deed of trust, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 10:00 AM on November 3, 2004 the following described real estate and any other improvements which may be situated thereon, situated in Jackson County, North Carolina, and being more particularly described as follows:

BEGINNING at an existing nail in the center line of State Road #1140 in the western boundary line of Lot 10A; thence leaving the state road and running with the center line of an 8' gravel drive (private), N. 13-37 E. 36.79 feet to an existing iron pipe; thence leaving said drive, N. 57-26-50 E. 113.50 feet to an iron pin set; thence N. 07-37-10 W. 234.71 feet to an existing iron pipe; thence N. 39-31 E. 96.42 feet to an existing iron pipe; thence leaving the line of Lot 10A and running with the line of Lot 3, S. 70-39-45 W. 99.30 feet to an existing iron pipe; thence leaving the line of Lot 3 and running with the line of Lot 2, S. 68-15-40 W. 219.51 feet to an existing iron pipe; thence S. 79-07-50 W. 99.33 feet to an existing iron pipe; thence leaving the line of Lot 2, S. 39-07-40 W. 47.69 feet to a nail set in the center line of State Road #1140; thence with the center line of said road, S. 51-10-10 E. 373.12 feet to the point of BEGINNING, being LOT NUMBER 10, containing 1.89 acres, as surveyed by Roy J. Tucker, dated 6/3/86 Drawing No. 060686B.

TOGETHER WITH AND SUBJECT TO road rights of way of public record.

Being the same lands and premises conveyed by deed recorded in Book 974, Page 714, Jackson County Public Registry.

And Being more commonly known as: 1226 Old Settlement Road, SYLVA, NC 28779

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Mark E. Bennett aka Mark Edgar Bennett.

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS" Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure, for paying, if any. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are immediately due and owing.

The date of this Notice is October 13, 2004.

Elizabeth B. Ells or David W. Neill

Substitute Trustee

8520 Cliff Cameron Drive

Suite 300

Charlotte, NC 28269

(704) 333-8107

04-57867

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PUBLIC NOTICE

The Town of Sylva Board of Commissioners will conduct a public hearing on November 4, 2004 at 6:45 PM in Municipal Hall, 83 Allen Street. The purpose of the hearing is to receive public input concerning zoning classification changes to properties located along Skyland Drive, Scotts Creek Road and in the East Sylva Circle area. Current zoning classification is R-3 Residential. Proposed classification is B-2 Commercial. Disposition of the amendment application submitted by the Planning Board will be addressed during the following regularly scheduled town meeting at 7:00 PM.

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NOTICE OF ADMINISTRATION

Having qualified as Administrator, C.T.A. of the estate of Brenda Wood Coggins, deceased, late of Jackson County, North Carolina, this is to notify all persons having claims against said estate to present them, duly verified, to the undersigned at 2911 Union Hill Rd., Whittier, NC 28789, on or before the 7th day of January, 2005, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate settlement with the undersigned. This the 29th day of September, 2004.

Shirley Coggins, Administrator, C.T.A.

Estate of Brenda Wood Coggins

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NOTICE OF ADMINISTRATION

State of North Carolina

County of Jackson

IN RE: The Estate of Maxine W. Russell

Having qualified as Administrator of the Estate of Maxine W. Russell, deceased, late of Jackson County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate of said deceased to present them, duly verified, to the undersigned: Max K. Holland, Administrator, 45 Oriole Drive, Sylva, NC 28779, or or before January 10, 2005, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate settlement with the undersigned.

This the 7th day of October, 2004.

MAX K. HOLLAND, ADMINISTRATOR

45 Oriole Drive

Sylva, c 28779

828-586-6882

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THE CHEROKEE COURT

EASTERN BAND OF CHEROKEE INDIANS

CHEROKEE, NORTH CAROLINA

FILE NO. CV 04-601

MAGDALENA ANGIESZKA GARIBALDI, Plaintiff

vs.

ELVIS PRESLEY GARIBALDI, Defendant

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

N.C.G.S. SECTION 1A-1, RULE 4

YOU ARE HEREBY NOTIFIED that a Complaint for Divorce has been filed against you and you are required to serve a copy of your written defenses to it, if any, on Gary E. Kirby, Attorney for the Plaintiff, Magdalena Agnieszka Garibaldi, whose address is P.O. Box 713, Sylva, North Carolina 28779 and file the original with the Clerk of the above styled Court on or before the 23rd day of November, 2004, or 40 days after the date of first publication (October 14, 2004); other wise a default will be entered against you for the relief prayed for in the Complaint.

This the 8th day of October, 2004.

Gary E. Kirby

Attorney for Plaintiff

P.O. Box 713

Sylva, NC 28779

(828) 586-9299

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NOTICE TO CREDITORS

All persons, firms and corporations having claims against Francile Keith Waters, Deceased, of Columbia County, Arkansas are notified to present their claims to the below-named Ancillary Executrix on or before January 14, 2005, or this Notice will be pleaded in bar of their recovery. Debtors of the decedent are requested to make immediate payment to the undersigned. This the14th day of October, 2004.

Sandra H. Keith, Ancillary Executrix

c/o Thomas R. Crawford, Esquire

Coward Hicks & Siler, P.A.

705 West Main Street

Sylva, NC 28779

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NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of Amanda M. Crowe, deceased, late of Jackson County, North Carolina, this is to notify all persons having claims against the said estate to present such claims to the undersigned at 705 W. Main, Sylva, N/C 28779, on or before the 21st day of January, 2005, or this notice will be pleaded in bar of their recovery. All persons indebted to the said estate will please make immediate payment.

This the 21st day of October, 2004.

Doris M. Coulter, Executrix

c/o J.K. Coward, Jr., Attorney

705 West Main Street

Sylva, NC 28779

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