Mar. 10, 2005
Edition
Sylva, NC
Volume 79, No. 50


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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.


NOTICE OF ADMINISTRATION

Having qualified as Co-Administratrix of the estate of Dorothy Mae Barnes Franks, 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: Donna Kimberly McCall, 99 Crabapple Lane, Sylva, NC 28779; Theresa Regina Biddix, 198 Snowbird Lane, Sylva, NC 28779; Kristie Franks Frady, 236 Snowbird Lane, Sylva, NC 28779, on or before the 17th day of May, 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 10th day of February, 2005.

Donna Kimberly McCall,

Co-Administratrix

99 Crabapple Lane

Sylva, NC 28779

 Theresa Regina Biddix,

Co-Administratrix

198 Snowbird Lane

Sylva, NC 28779

 Kristie Franks Frady,

Co-Administratrix

236 Snowbird Lane

Sylva, NC 28779

Estate of Dorothy Mae Barnes Franks

47-50


NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Leroy C. Craft, a.k.a. Lee Craft, 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 PO Box 1832, Sylva, NC 28779, on or before the 17th day of May, 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 9th day of February, 2005.

Marie Fowlkes, Executrix

Estate of Leroy C. Craft,

a.k.a. Lee Craft

47-50


NOTICE TO CREDITORS

All persons, firms and corporations having claims against Ocie Clay Haynie, deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Ancillary Executrix on or before May 17, 2005, or this notice will be pleaded in bar of recovery. Debtors of the decedent are requested to make immediate payment to the undersigned. This the 17th day of February, 2005.

Patricia Carolyn H. Spencer,

Ancillary Executrix

c/o Thomas R. Crawford, Esquire

COWARD HICKS & SILER, P.A.

705 West Main Street

Sylva, NC 28779

47-50


NOTICE

Harrah’s Cherokee Casino & Hotel is seeking bids from qualified contractors for the construction of a Valet camera lane. All work will be performed on the immediate casino property and will involve demolition, asphalt paving, concrete curbing work and electrical installations. Bids must be received no later than 2:00 PM on Thursday, March 17th, 2005. For additional information or for a site review, interested bidders may contact Monica Herbold at 828-497-8350. Certified Tribal Employment Rights Ordinance (TERO) contractors will receive preference in the awarding of this contract in accordance with the TERO ordinance.

49,50


PUBLIC NOTICE

To the Tenants of:

Misty Rivers Apts. and Riverside Village, located in Jackson County, NC, are late in monitoring it’s drinking water requirements and preparing it’s C.C.R. forms. All required water samples are being tested at this time. We will notify you of the results.

50


State of Connecticut

Court of Probate, District of Bridgeport

NOTICE TO

John A. Mitchell, whose last known residence was in the town of Sylva, NC

Pursuant to an order of Hon. Paul J. Ganim, Judge, a hearing will be held at Bridgeport Probate Court, 202 State Street, Bridgeport, CT 06604 on March 28, 2005 at 11:30 AM.

On an application for Termination of Parental Rights concerning a certain minor child born on May 2, 1999. The court’s decision will affect your interest, if any, as in said application on the file more fully appears.

RIGHT TO COUNSEL: If the above-named person wishes to have an attorney, but is unable to pay for one, the court will provide an attorney upon proof of inability to pay. Any such request should be made immediately by contacting the court office where the hearing is to be held.

By Order of the Court

Paul J. Ganim, Judge

50


NOTICE OF FORECLOSURE SALE

05 SP 5

NORTH CAROLINA,

JACKSON COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by MICHAEL D. MEADOWS, A MARRIED MAN JOINED BY HIS WIFE LULA ANN MEADOWS to KIMBERLY C. LAY, Trustee(s), which was dated February 18, 2000 and recorded on February 24, 2000 in Book 1087 at Page 794, Jackson County Registry, North Carolina.

Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on March 14, 2005 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:

BEGINNING at a stake in the margin of Fox Drive and runs N 16-30 W. 150 feet to a stake; thence S. 89-45 E 114 feet to a stake, a corner common to Henson; thence with Henson's line S. 15 E. 152 feet to a stake in the margin of Fox Drive; thence with the North Margin of said drive, N. 89-45 W. 115 feet to the point of Beginning, Containing 0.38 acres, as surveyed by H.F. Green, Surveyor, on August 28, 1969.

This is being the same lands and premises as described in a deed dated the 3rd day of September 1992 from Emma Bryson Conley and husband, James D. Conley, Sr. to Michael David Meadows and wife Lula Ann Meadows and recorded in Deed Book 810, Page 148, Jackson County Public Registry.

Save and except any releases or deeds of release of record.

Said property is commonly known as 390 Cherry Street, Sylva, NC 28779.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of 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. This sale is made subject to all prior liens, unpaid taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are MICHAEL DAVID MEADOWS and wife LULA ANN MEADOWS.

Brock & Scott, PLLC, Substitute Trustee

Attorney

Erik T. Bennington, NCSB No. 31392

5919 Oleander Dr Suite 115

Arboretum Center Bldg 2

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 05-00289

49,50


PUBLIC NOTICE

The Joint Commission on Accreditation of Healthcare Organizations will conduct an accreditation survey of Unity Healing Center on March 17 and 18, 2005.

The purpose of the survey will be to evaluate the organization’s compliance with nationally established Joint Commission standards. The survey results will be used to determine whether, and the conditions under which, accreditation should be awarded the organization.

Joint Commission standards deal with organization quality and safety-of-care issues, and the safety of the environment in which care, treatment, and services are provided. Anyone believing that he or she has pertinent and valid information about such matters may request a public information interview with the Joint Commission’s field representatives at the time of the survey. Information presented at the interview will be carefully evaluated for relevance to the accreditation process. Requests for a public information interview must be made in writing and should be sent to the Joint Commission no later than five working days before the survey begins. The request must also indicate the nature of the information to be provided at the interview. Such requests should be addressed to:

Division of Accreditation Operations

Office of Quality Monitoring

Joint Commission on Accreditation of Healthcare Organizations

One Renaissance Boulevard

Oakbrook Terrace, IL 60181

or

Faxed to 630/792-5636

or

E-mailed to complaint@jcaho.org

The Joint Commission’s Office of Quality Monitoring will acknowledge in writing or by telephone requests received 10 days before the survey begins. An Account Representative will contact the individual requesting the public information interview prior to survey, indicating the location, date, and time of the interview and the name of the surveyor who will conduct the interview.

This notice is posted in accordance with the Joint Commission’s requirements and may not be moved before the survey is complete.

Date posted: February 16, 2005.

48-51


NOTICE

Shamrock Storage hereby gives notice of sale vs. lienor.

Various items of personal property belonging to:

Tim Pantoloni, Unit No. 1

Greg Whitener, Unit No. 35

John Henry, Unit No. 75

will be sold pursuant to the assertion of a lien for rental at the self-service storage facility under G.S. 44A-43.

The sale shall be held at Shamrock Storage, 281 Steeple Road, and corner of Skyland Drive, Sylva, NC at 9:00 a.m. on the seventh day of April, 2005.

/s/ Wayne Smith

Shamrock Storage

281 Steeple Road

Sylva, NC 28779

(828) 586-0724

50-1


EXECUTOR’S NOTICE

Having qualified as administrator-executor of the estate of John Hans Mueller, deceased, late of Jackson County, N.C. this is to notify all persons having claims against the estate of said deceased to exhibit them to the undesigned on or before the 9 June 2005 or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement.

This 10th day of March, 2005.

Kris V. Williams

Administrator-Executor

P.O. Box 1935

Sylva, NC 28779

(828) 631-2300

50-1


EXECUTOR’S NOTICE

Having qualified as Executor of the estate of Donna M. Bost, deceased, late of Jackson County, North Carolina, this is to notify all persons having claim against the estate of said deceased to exhibit them to the undesigned on or before the 10th day of June, 2005 or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement.

This 10th day of March, 2005.

Philip E. Bost, Executor

Attorney for the estate:

Robert F. Siler

Coward, Hicks & Siler, P.A.

43 West Main Street

Franklin, North Carolina 28734

50-1


NOTICE OF ADMINISTRATION

Having qualified as Executor of the estate of Beverly D. Korst, 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 David H. Bryson, 10 East Main Street, Sylva, NC 28779, on or before the 3rd day of June, 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 11th day of February, 2005.

David H. Bryson, Executor

Estate of Beverly D. Korst

49-52


NOTICE OF ADMINISTRATION

Having qualified as Executrix of the estate of Jack Norton, 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 P.O. Box 1748, Cullowhee, NC 28723, on or before the 10th day of June, 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 February, 2005.

Kathleen B. Norton, Executrix

Estate of Jack Norton

50-1


GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NO.: 05 CVD 108

STATE OF NORTH CAROLINA

COUNTY OF JACKSON

JOYCE W. TURNER, Plaintiff

v.

Heirs of J.D. KILPATRICK, AND LENA KILPATRICK, FRANK MINATELLO, and any person, firm, corporation, trust or entity not in existence having an Interest in the lands of J.D. Kilpatrick, Defendant

NOTICE OF PROCESS OF SERVICE

BY PUBLICATION

TO: Any person, firm, corporation, trust or other entities not in existence claiming any interest in the lands of J.D. Kilpatrick.

TAKE NOTICE: That a pleading seeking relief against you has been field in the above entitled actions. The nature of the relief being sought is as follows:

To quiet title to the real estate owned by J.D. Kilpatrick and being the same lands contained in Deed Book 152, at Page 181 of the Jackson County Public Registry, the same being beginning at the S.E. Corner of Lot Number 15 in Macomb’s addition to the Town of Sylva and runs N. 23 degrees E., 150 degrees to a  stake in the line of Lot Number 14 and Drury Lane, Thence S. 67 degrees E. 100 degrees to the Beginning. The above lands include all of Lot Number 15 and 25 degrees of the Estate side of Lot Number 14 in Macomb’s addition to the Town of Sylva.

You are required to make defense to such pleading not later than 40 days after March 2nd, 2005, or upon your failure to do so, the parties seeking service against you will apply to the Court for the relief sought.

THIS the 28th day of February, 2005.

Eric Ridenour, Esq.

Ridenour, Lay & Earwood, pllc

P.o. Box 965

Sylva, NC 28779

Phone: (828) 586-3131

Fax: (828) 586-3763

50-1


NOTICE OF PETITION

TO ABANDON A PORTION OF

SILVER RUN ROAD

(SR1105)

LOCATED IN CASHIERS TOWNSHIP

Notice is hereby given that the Jackson County Board of Commissioners has been petitioned by property owners for permission to abandon from the N. C. Department of Transportation’s maintenance system a portion (one mile) of Silver Run Road (SR1105) located in Cashiers Township.

The Board of Commissioners will be available for public comment on Monday, March 21, 2005, 6:00 p.m., Boardroom A201, 399 Grindstaff Cove Road, Sylva, North Carolina, on consideration of the abandonment.

Citizens are invited to make written or oral comments.

50,51e


NOTICE OF PETITION

TO ABANDON A PORTION OF

HALL TOWN ROAD

(SR1322)

LOCATED IN GREENS CREEK TOWNSHIP

Notice is hereby given that the Jackson County Board of Commissioners has been petitioned by property owners for permission to abandon from the N. C. Department of Transportation’s maintenance system a portion (.14 mile) of Hall Town Road (SR1322) located in Greens Creek Township.

The Board of Commissioners will be available for public comment on Monday, March 21, 2005, 6:15.m., Boardroom A201, 399 Grindstaff Cove Road, Sylva, North Carolina, on consideration of the abandonment.

Citizens are invited to make written or oral comments.

50,51e


05 SP 8

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA,

JACKSON COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Brad C. Melton and wife, Kristy Melton to James L. Robertson, Trustee(s), which was dated June 10, 2003 and recorded on June 13, 2003 in Book 1356 at Page 304, Jackson County Registry, North Carolina.

Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Jackson County, North Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on March 22, 2005 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Jackson County, North Carolina, to wit:

Beginning at an iron pin located at the southwestern corner of the James P. Melton property as the same is shown in Deed Book 436 at Page 451 of the Jackson County, North Carolina Public Registry, where said point intersects with the eastern boundary of the Joe McClure property as the same is shown in Deed Book 658 at Page 25 of the aforesaid Registry and from said point of beginning thus established, runs with the southern boundary of the said James P. Melton property, South 78 deg. 34' 55" East 244.00 feet to a point located in the eastern margin of a twenty foot right of way; thence South 00 deg.  20' 22" East 374 feet to a point; thence North 78 deg. 34' 55" West 232.76 feet to a point in the eastern margin of the Joe McClure property as the same is shown in Deed Book 658 at Page 25 of the aforesaid Registry, runs North 02 deg. 00' 51" West 376.45 feet to the point and place of beginning containing 2.0037 acres, more or less, and being a portion of that property described in Deed Book 826 at Page 345 of the aforesaid Registry.

The above described tract is conveyed together with and subject to those spring rights more particularly described in Deed Book 826 at Page 345 of the aforesaid Registry.

Further, the above described tract is conveyed together with and subject to that twenty foot right of way over and upon the property of James P. Melton as the eastern boundary of the same is more particularly described as follows: Beginning at the terminus of the first call of that 2.0037 acre tract above and from said point of beginning thus established, runs North 33 deg. 13' 55" West 89.34 feet to a point; thence North 01 deg. 37' 42" West 108.24 feet to a point located in those existing rights of way more particularly described in Deed Book 826 at Page 345 and in Deed Book 436 at Page 451 and of record as the same lead to the nearest state maintained right of way. The Grantees herein, by acceptance of this deed, agree to provide for their prorata share of road maintenance of said rights of way in an all weather condition so as to allow passage by a passenger motor vehicle.

Save and except any releases or deeds of release of record.

Said property is commonly known as 188 Frontier Drive, Sylva, NC 28779.

Third party purchasers must pay the excise tax, and the court costs of Forty-Five Cents (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Brad C. Melton and wife Kristy Melton.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Brock & Scott, PLLC, Substitute Trustee

Erik T. Bennington, NCSB No. 31392

5919 Oleander Dr Suite 115

Arboretum Center Bldg 2

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 05-00570

50,51e


IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

File # 05-SP-4

STATE OF NORTH CAROLINA

COUNTY OF JACKSON

IN THE MATTER OF:

The Foreclosure of a Deed of Trust executed by ALVA G. WIKE, SR. (Divorced)

NOTICE OF SALE

to W. Paul Holt, Jr., Trustee, dated February 29, 1996, and  recorded in Book 919 at Page 386, Jackson County Public Registry.

UNDER AND BY VIRTUE of the power of sale contained in that certain Deed of Trust executed by Alva G. Wike, Sr. (Divorced) dated February 29, 1996, and recorded in Book 919 at page 386 in the Office of the Register of Deeds of Jackson County; and under and by virtue of the authority vested in the undersigned as Trustee; and under and by virtue of that certain Authorization, Findings and Order entered by the Clerk of the Superior Court of Jackson County on February 23, 2005, and of record in File 2005 SP 4, default having been made in the payment of the indebtedness secured by said Deed of Trust and the said Deed of Trust being by its terms subject to foreclosure thereof for the purpose of satisfying said indebtedness, and due notice having been given to those entitled to same, the undersigned Trustee will offer for sale at public auction, to the highest bidder, at the Jackson County Justice and Administration Building, 401 Grindstaff Cove Road, Sylva, Jackson County, North Carolina, at 2:00 o’clock p.m., on March  24th , 2005, the land conveyed in said Deed of Trust, the same being owned of record by Alva G. Wike, Sr. and being more particularly described as follows:

BEGINNING at a stake, a corner common to Davenport, and runs with Davenport line S. 81-24 W. 52.20 feet to a stake; thence S. 08-00 E. 184.00 feet to a stake; thence N. 89-36 E. 193.00 feet to a stake; thence N. 20-54 E. 18.11 feet to a stake; thence N. 03-032 E. 200.23 feet to a stake; thence S. 81-24 W. 197.90 feet to the point of BEGINNING, containing 1.00 acre, more or less, as surveyed by H.F. Green, RLS, in March 1977.

TOGETHER WITH and SUBJECT TO the same rights of ways, restrictions, easements, privileges and appurtenances as contained in the deed recorded in Book 466 at Page 481 of the Jackson County Public Registry.

Together with all the buildings, fixtures and improvements thereon, and all rights, easements, hereditaments and appurtenances thereunto belonging, including all heating, plumbing, ventilating, lighting goods, equipment and other tangible and intangible property attached to or reasonably necessary to the use of such premises.

The aforesaid sale will be made subject to all encumbrances existing prior to the recording of the above-referenced Deed of Trust, including all valid and enforceable liens and also will be subject to all taxes and special assessments outstanding against the property.

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 representatives of either the 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.

The successful bidder at sale will be required to make an immediate cash deposit of the greater of five percent (5%) of the amount bid or Seven Hundred Fifty and no/100 Dollars ($750.00).

This the 2nd day of March, 2005.

W. Paul Holt, Jr.

 Trustee

 P.O. Box 217

 Sylva, NC 28779

 (828) 586-2121

50,51e


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