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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
ATTENTION: CONTRACTORS
Jackson County has available for bid, one (1) dwelling unit for demolition and clearance. Bid packages will be available August 29, 2005 through September 2, 2005 at the office of the County Manger or office of Community Development between the hours of 8:00 am and 5:00 pm. Bids will be opened and read aloud Friday, September 9, 2005 at 9:00 am in the Conference Room A227, 399 Grindstaff Cove Road, Sylva, North Carolina. If you have questions, contact Joan Stillwell at (828) 586-7575.
Joan Stillwell, Director,
Jackson County Community Development Office
401 Grindstaff Cove Road
Sylva, NC 28779
Jackson County is an Equal Opportunity Employer. Small, Minority and Women-owned business are encouraged to bid.
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NOTICE
ATTENTION: CONTRACTORS
Jackson County has available for bid, one (1) dwelling unit for asbestos abatement. Bid packages will be available August 29, 2005 through September 2, 2005 at the office of the County Manger or office of Community Development between the hours of 8:00 am and 5:00 pm. Bids will be opened and read aloud Friday, September 9, 2005 at 9:30 am in the Conference Room A227, 399 Grindstaff Cove Road, Sylva, North Carolina. If you have questions, contact Joan Stillwell at (828) 586-7575.
Joan Stillwell, Director,
Jackson County Community Development Office
401 Grindstaff Cove Road
Sylva, NC 28779
Jackson County is an Equal Opportunity Employer. Small, Minority and Women-owned business are encouraged to bid.
22NOTICE TO CREDITORS
All persons, firms and corporations having claims against John Mark Alderman, deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Administrator on or before November 12, 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 21st day of July, 2005.
George Allan Aldeman, Jr., Administrator
c/o Thomas R. Crawford, Esq.
COWARD HICKS & SILER, P.A.
705 West Main Street
Sylva, NC 28779
20-23
ADMINISTRATOR’S NOTICE
TO CREDITORS
ALL PERSONS, firms and corporations having claims against Donald Edward Hodgins, deceased, late of Jackson County, North Carolina, are notified to exhibit the same to the undersigned on or before the 19th day of October, 2005, or this notice will be pleaded in bar of recovery. Debtors of the decedent are asked to make immediate payment. This the 27th day of July, 2005.
Donna L. Stephens
Administrator for the
Estate of Donald Edward Hodgins
PO Box 205
Cullowhee, North Carolina 28723
19-22
LEGAL NOTICE
NOTICE OF CHANGE IN MEETING DATE OF THE JACKSON COUNTY
BOARD OF COMMISSIONERS
SEPTEMBER 6, 2005
6:00 PM
The Jackson County Board of Commissioners has scheduled the first regular meeting for the month of September on Tuesday, September 6, 2005 at 6:00 p.m., Room A201, Justice & Administration Building, 401 Grindstaff Cove Road, Sylva, North Carolina.
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NOTICE OF ADMINISTRATION
Having qualified as Executrix of the estate of James Allen Shuler, 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 103 Cypress Lane, Sylva, NC 28779, on or before the 25th day of November, 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 16th day of August, 2005.
Glenda Shuler Sharpe, Executrix
Estate of James Allen Shuler
22-25
LEGAL
Due to the Labor Day Holiday on Monday, September 5, the regular meeting of the Forest Hills Council will be held on Monday, September 12, at 7:00 pm at the University Inn. One of the items to be discussed will be an agreement between the Village of Forest Hills and Mediacom Communications to continue service for our residents. Copies of the proposed agreement are available for public viewing at the University Inn, Hunter Library at W.C.U., and the Jackson County Public Library in Sylva.
Sincerely,
Richard W. Iobst
Forest Hills Zoning
Administrator and Councilperson
22-24
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
05-CvD-3259
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
BRIAN KEITH BURGESS,
Plaintiff,
-v-
MALGORZATA EWA STEPHNIEWSKA-BURGESS,
Defendant
NOTICE OF SERVICE OF PROCESS BY PUBLICATION
TO MALGORZATA EWA STEPHNIEWSKA-BURGESS, the above named defendant:
TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action. The nature of relief being sought is as follows: Absolute Divorce.
You are required to make defense to such pleading not later than the 4th day of October, 2005, said date being 40 days from the first publication notice; and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This the 18th day of August, 2005.
Patrick S. McCroskey
47 N. Market Street
Post Office Box 3235
Asheville, North Carolina 28802
(828) 258-3368
(828) 252-6721 fax
N.C. State Bar No. 22196
22-24
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
STATE OF NORTH CAROLINA
COUNTY OF SWAIN
NOTICE TO CREDITORS AND DEBTORS OF BESSIE ALICE DEITZ
All persons, firms and corporations, having claims against BESSIE ALICE DEITZ, deceased, are notified to exhibit them to LOU EVA CONNER, Executrix of the decedent's estate on or before the 11th day of November, 2005, or be barred from their recovery. Debtors of the decedent are asked to make immediate payment to the above named Executrix.
This the 11th day of August, 2005.
Lou Eva Conner
Executrix
Address: 21 N. Pershing Road
Asheville, NC 28805
Fred H. Moody, Jr.
McKEEVER, EDWARDS, DAVIS & HAYS, PA
P. 0. Box 670
Bryson City, NC 28713
20-23
Notice to Creditors
All persons, firms and corporations having claims against Estelle Fisher, Deceased, of Pinellas County, Florida are notified to present their claims to the below-named Ancillary Co-Personal Representatives on or before November 11, 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 11th day of August, 2005.
Thelma Isenhower and Bettye McKeithen
Ancillary Co-Personal Representatives
c/o Thomas R. Crawford, Esq.
COWARD HICKS & SILER, P.A.
705 West Main Street
Sylva, NC 28779
20-23
NOTICE OF ADMINISTRATION
Having qualified as Administrator of the estate of Billy Ray Clayton, 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 68 Montana Drive, Sylva, NC 28779, on or before the 11th day of November, 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 2nd day of August, 2005.
Mike Clayton, Administrator
Estate of Billy Ray Clayton
20-23
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
IN RE: THE ESTATE OF KATHRYN HOWELL CRAWFORD
Having qualified as Executrix of the Estate of Kathryn Howell Crawford, deceased, late of Sylva, North Carolina, this is to notify all person, firms, and corporations having claims against the estate of said deceased to present them, duly verified, to the undersigned: Betsy C. Goldtrap, C/O John J. Pavey, Jr., Attorney at Law, Pavey & Smith, P.A., P.O. Box 1905, Sylva, North Carolina, 28779, on or before November 25, 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 25th day of August, 2005.
Betsy C. Goldtrap, Executrix
C/O John J. Pavey, Jr., Attorney at Law
Pavey & Smith, P.A.
P.O. Box 1905
Sylva, North Carolina 28779
828-586-8987
22-25
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
05 SP 79
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
In the matter of the Foreclosure of the Deed of Trust of Anthony I. Hall and Kimberly W. Hall, Grantor
TO
Dwayne H. Wiseman, Trustee
As recorded in Book 1077, at Page 378
of the Jackson County Registry
See Appointment Of Substitute Trustee as recorded in Book 1514, at Page 723, of the Jackson County Registry
NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF REAL ESTATE
Under and by virtue of the power and authority contained in that certain Deed of trust executed and delivered by Anthony I. Hall and Kimberly W. Hall, dated November 23, 1999, and recorded on November 29, 1999 in Book 1077, at Page 378, Jackson County Registry and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court of Jackson County, North Carolina, entered in this foreclosure proceeding, the undersigned, Juliana Ferguson, Substitute Trustee, will expose for sale at public auction on the 6th day of September, 2005, at 12:00 P.M., at the door of the Jackson County Courthouse, Sylva, North Carolina, the following described real property (including the house and any other improvements thereon):
BEING all of that real property described in that Deed of Trust recorded in Book 1077, Page 378, Jackson County Registry.
Commonly known as: 302 Brooks Branch Road, Sylva, NC 28779
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner(s) of the above-described real property as reflected on the records of the Jackson County Registry not more than ten (1 0) days prior to the posting of this Notice are Anthony I. Hall and Kristy L. Hall.
Pursuant to N.C.G.S. Sec. 45-21.1 0(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five (5) percent of the amount bid, or Seven Hundred Fifty and No/100 Dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C.G.S. Sec. 45-2 1.3O(d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
This the 15th day of August, 2005
Juliana Ferguson, Substitute Trustee
20A Dorchester Avenue
Asheville, NC 28806
828-273-8882
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IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
JACKSON COUNTY
05sp75
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WILLIAM MARK SMATHERS AND TAMMY S. SMATHERS DATED JULY 19, 2004 AND RECORDED IN BOOK 1436 AT PAGE 461 IN THE JACKSON COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE
Pursuant to a Court order 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 2:00 pm on August 31, 2005 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:
ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN BARKERS CREEK TOWNSHIP, JACKSON COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING IN THE CENTERLINE OF AN 8 FOOT GRAVEL DRIVE WITH AN EXISTING 30 FOOT RIGHT OF WAY (SEE DEED BOOK 758, PAGE 139) AND BEING THE FOLLOWING COURSES AND DISTANCES FROM AN EXISTING P.K. NAIL IN THE INTERSECTION OF SAID 8 FOOT GRAVEL DRIVE AND DICKS CREEK ROAD (S.R. 1388); N. 76-25-05 W. 113.50 FEET TO A POINT WHERE A PROPOSED 20 FOOT RIGHT OF WAY FOR A 10 FOOT GRAVEL DRIVE FOR THIS TRACT BRANCHES FROM THE 8 FOOT GRAVEL DRIVE; THENCE N. 76-25-05 W. 17.10 FEET, CONTINUING WITH THE CENTERLINE OF THE 8 FOOT GRAVEL DRIVE; THENCE N. 64-55-05 W. 100.47 FEET; THENCE, N. 50-25-05 W. 71.20 FEET TO SAID BEGINNING POINT; FROM SAID BEGINNING POINT, AND WITH THE SOUTHWEST LINE OF THIS TRACT AND THE AMOS WORLEY TRACT (DEED BOOK 888, PAGE 128), N. 50-25-05 W. 129.73 FEET WITH THE CENTERLINE OF THE 8 FOOT GRAVEL DRIVE; THENCE, N. 54-25-05 W. 100.47 FEET TO AN EXISTING IRON PIN IN A CORNER COMMON WITH WORLEY AND THOMAS C. WILSON (DEED BOOK 618, PAGE 295) AND SAID CORNER ALSO BEING S. 45-45-28 E. 249.60 FEET FROM AN AXLE ON THE TOP OF THE RIDGE WHICH IS THE NORTHWEST CORNER OF THE WORLEY TRACT THENCE CONTINUING WITH THE THOMAS C. WILSON LINE, N. 45-45-28 E. 166.50 FEET TO AN IRON PIN IN THE TOP OF A RIDGE; THENCE WITH THE JO. T. MEDFORD LINE (DEED BOOK 488, PAGE 131) S. 25-29-40 E. 80.21 FEET TO AN IRON PIN ON THE TOP OF THE RIDGE; THENCE LEAVING THE RIDGE, S. 63-00-00 E. 199.88 FEET TO AN IRON PIN, A POINT IN THE MEDFORD LINE AND A CORNER BETWEEN LOT #1 AND LOT #2; THENCE, WITH THE DIVISION LINE BETWEEN LOT #1 AND LOT #2, S. 54-00-58 W. 112.65 FEET TO AN IRON PIN; THENCE , S. 64-40-16 W. 27.47 FEET TO A POINT IN THE CENTERLINE OF THE PROPOSED 10 FOOT GRAVEL DRIVEWAY TO THIS TRACT; THENCE S. 64-40-18 W. 22.34 FEET TO AN IRON PIN; THENCE S. 64-40-18 W. 15.52 FEET TO THE POINT OF BEGINNING. SAID TRACT BEING LOT #1 OF A TWO LOT TRACT AND CONTAINING 0.84 ACRES, MORE OR LESS, AS SHOWN BY A PLAT ENTITLED “JACKSON LAND AND TIMBER, INCORPORATED” DATED AUGUST 25, 1996 BY KEVIN D. GOLDSMITH, RLS, AND BEING DRAWING NUMBER 96-217-A.
THIS CONVEYANCE IS SUBJECT TO THE RIGHTS OF OTHERS TO THE USE OF THE 8 FOOT GRAVEL DRIVE WITH THE EXISTING 30 FOOT RIGHT OF WAY AS DESCRIBED IN DEED BOOK 758, PAGE 139 AND DEED BOOK 916, PAGE 9, WHICH RUNS ALONG THE SOUTHWEST SIDE OF LOT#1 AND LOT#2.
INCLUDED IN THIS CONVEYANCE IS THE RIGHT OF THE GRANTEE, THEIR HEIRS AND ASSIGNS, TO THE USE OF THE RIGHT OF WAY FROM DICKS CREEK ROAD ALONG THE EXISTING 8 FOOT WHICH LEAVES THE 8 FOOT GRAVEL DRIVE AT THE POINTS DESCRIBED IN THE METES AND BOUNDS DESCRIPTION ABOVE AND CONTINUES ACROSS LOT #2 OF THE JACKSON LAND AND TIMBER, INCORPORATED TRACT AS FOLLOWS: N. 48-32-23 W. 80.19
FEET; THENCE N. 51-04-04 W. 87.84 FEET TO THE DIVISION LINE BETWEEN CONTAINING LOT #2. SAID 10 FOOT GRAVEL DRIVE HAVING A 20 FOOT RIGHT OF WAY.
And Being more commonly known as: 26 Hallelujah Acres, Whittier, NC 28789
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are William Mark Smathers and Tammy S. Smathers.
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 August 10, 2005.
05-68884
David W. Neill or Elizabeth B. Ells
Substitute Trustee
8520 Cliff Cameron Drive, Suite 300
Charlotte, NC 28269
(704) 333-8107
http://shapiroattorneys.com/nc/
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