March 27, 2008
Edition
Sylva, NC
Volume 83, No. 01


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LEGALS
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TUCKASEIGEE WATER & SEWER AUTHORITY

PUBLIC HEARING

TUESDAY, APRIL 8, 2008

A Public Hearing will be held Tuesday, April 8, 2008 at 5:30 p m at Smokey Mountain Elementary School in the Media Room. The purpose of the Public Hearing is to receive public comment on the proposed monthly user fees and connection rates for the Whittier Sewer System. The regular monthly work session will be held after the Public Hearing.

1

PUBLIC NOTICE

The Town of Sylva Board of Commissioners will hold a Work Session with the Pinnacle Park Foundation on April 3, 2008 at 5:30 p.m. in the Board Room of Town Hall, 83 Allen Street. The purpose of the meeting is to discuss the future of the Fisher Creek Watershed.

1,2

NOTICE OF MEETING

OF THE

JACKSON COUNTY

BOARD OF COMMISSIONERS

The Jackson County Board of Commissioners will hold its first Regular Monthly Meeting on April 7, 2008, 6:00 p.m., Justice & Administration Building, 401 Grindstaff Cove Road, Room A201, Sylva, North Carolina.

1,2

NOTICE OF ADMINISTRATION

Having qualified as the Executrix of the estate of Columbus H. Ashe, 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 131 Onyx Lane, Sylva, NC 28779, on or before the 27th day of June, 2008, 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 27th day of February, 2008.

Deborah Jane Ashe, Executrix

Estate of Columbus H. Ashe

1-4

 NOTICE OF WASTEWATER SPILL IN JACKSON COUNTY

DISCHARGE OF UNTREATED SEWAGE

House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities, animal operations, industries and others who operate waste handling systems issue news releases when a waste spill of 1000 gallons or more reaches surface waters.

In accordance with that regulation, the following news release has been prepared and issued to the media in the affected county.

The Tuckaseigee Water & Sewer Authority had a discharge of 50,400 gallons of untreated wastewater from a sewer manhole located on Dillsboro Road in Sylva, North Carolina. The spill is the result of grease creating a blockage in the line going to the down steam manhole reported on Friday, March 14, 2008. The blockage was removed and the line flowing freely by 9:00 a.m. Monday, March 17, 2008.

The untreated wastewater entered Dills Cove Branch, a tributary of the Scotts Creek in the Little Tennessee River Basin.

The Division of Water Quality was notified Monday, March 17, 2008 and is evaluating the problem.

For more information contact Joe Cline, Executive Director at 828-586-5189 ext. 203.

1

NOTICE TO CREDITORS

Having qualified as Administrator of the Estate of Harold Gordon Jennings, late of 917 Kitchens Branch Road, Sylva, Jackson County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned at 166 Branner Avenue, Ste A, Waynesville, NC 28786, on or before the 18th day of June, 2008, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.

This the 20th day of March, 2008.

Cathy Sue Bell,

Executor of the Estate of

Harold Gordon Jennings

c/o Sarah P. Wenzel, Attorney

166 Branner Avenue, Ste A

Waynesville NC 28786

52-3e

NOTICE OF ADMINISTRATION

Having qualified as the Executrix of the estate of Walter Lauren Moses, Jr., 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 725, Dillsboro, NC 28725, on or before the 20th day of June, 2008, 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 12th day of March, 2008.

Priscilla Russell, Executrix

Estate of Walter Lauren Moses, Jr.

52-3

PUBLIC NOTICE

The Jackson County Public Housing Agency has developed it Agency Plan in compliance with the Quality Housing and Work Responsibility Act of 1998. It is available for review at JCPHA’s office located at 111 Central Street, Sylva. In addition, a public hearing regarding the Agency Plan will be held on Monday, March 31, 2008, at the JCPHA’s office at 4:00 p.m.

52,1

NOTICE OF SALE OF MOTOR VEHICLE

Mark’s Auto, Inc., 1148 Mineral Springs Drive, Sylva, NC, Lienor does hereby give notice to Larry Jamison and GMAC that a 2000 Model Chevy Truck Serial Number GBKC34J8YF488728 will be sold at Public Sale to satisfy a lien of $3,850.00. Sale will be held at 10 o’clock a.m. on Friday, April 4, 2008, at the premises of Mark’s Auto, Inc., 1148 Mineral Springs Drive, Sylva, NC.

52,1

NOTICE OF SERVICE BY PUBLICATION STATE OF NORTH CAROLINA, JACKSON COUNTY

FILE NUMBER 08 CVD 169

In the District Court

TO: Hugh Thomas Shaw, Jr.

TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is a Divorce.

You are required to make defense to this pleading not later than 29th day of April, 2008, and upon your failure to do so, the party seeking service against you will apply to the Court for the relief sought.

This the 20th day of March, 2008.

Alice Faye Shaw

PO Box 633

Webster, NC 28788

828-337-1826

52-2*

NOTICE OF ADMINISTRATION

Having qualified as the Executrix of the estate of Riley Birchfield, 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 81 Champion Lane, Sylva, NC 28779, on or before the 6th day of June, 2008, 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 February, 2008.

Glenna Kay Buchanan, Executrix

Estate of Riley Birchfield

50-1

EXECUTRIX NOTICE

Having qualified as Executrix of the estate of Charles E. Schmidt, deceased, late of Brevard County, Florida, this is to notify all persons having claim against the estate of said deceased to exhibit them to the undersigned on or before the 6th day of June, 2008, or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement.

This the 6th day of March, 2008.

Nancy Schmidt Nettlow, Executrix

Robert F. Siler

Resident Process Agent

Coward, Hicks & Siler, P.A.

43 West Main Street

Franklin, North Carolina 28734

50-1

NOTICE TO CREDITORS

AND DEBTORS

Having qualified as Executor of the Estate of Clyde Lester Bryson, 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, NC 28779, on or before the 6th day of June, 2008, 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 6th day of March, 2008.

J.K. Coward, Jr., Executor

Estate of Clyde Lester Bryson

705 West Main Street

Sylva, NC 28779

50-1

NOTICE TO CREDITORS

All persons, firms and corporations having claims against Joy Suzette Nicholson, a/k/a Suzette Robinson Nicholson, Deceased, of Jackson County, North Carolina are notified to present their claims to the below-named Executrix on or before June 6, 2008, 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 6th day of March, 2008.

Lisa G. Buchanan, Executrix

c/o Thomas R. Crawford, Esq.

COWARD HICKS & SILER, P.A.

705 West Main Street

Sylva, NC 28779

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NOTICE OF ADMINISTRATION

Having qualified as the Executrix of the estate of Lucille Frizzell Farmer, 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 194, Webster, NC 28788, on or before the 13th day of June, 2008, 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 5th day of March, 2008.

Elizabeth Jane Farmer, Executrix

Estate of Lucille Frizzell Farmer

51-2

NOTICE OF ADMINISTRATION

Having qualified as the Administratrix of the estate of Eldon Bartley Ashe, 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 3797 Wayehutta Road, Cullowhee, NC 28723, on or before the 13th day of June, 2008, 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 6th day of March, 2008.

Helen Ruby Bennett, Administratrix

Estate of Eldon Bartley Ashe

51-2

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NO. 08 CVD

STATE OF NORTH CAROLINA

COUNTY OF JACKSON

TOWN OF SYLVA, a North Carolina Municipal Corporation, and THE COUNTY OF JACKSON,

Plaintiffs,

vs.

GABRIELLA ROGERS, REGINALD

ROGERS, RHONDA MCDOWELL,

JONETTA ROGERS, and

Heirs at Law of Ethel Blakely any person, firm, corporation, trust or entity now in existence having an interest in the lands of Ethel Blakely

Defendants.

NOTICE OF SERVICE OF

PROCESS BY PUBLICATION

TO: Any person, firm, corporation, trust or other entities not in existence claiming any interest in lands of Ethel Blakely.

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

To collect taxes due and owing on lands contained in Deed Book 336, Page 133 of the Jackson County Public Registry, the same being a 0.22 acre tract of land with PIN #7631.02-99-0530, according to the Jackson County Mapping Office and being lots 18-28 of the J.F. Freeze Subdivision as recorded in Plat Cabinet 2, Slide 65 of the Jackson County Registry, less and except that property taken by the North Carolina Department of Transportation.

You are required to make defense to such pleading not later than forty (40) days after March 4, 2008 or upon your failure to do so, the parties seeking service against you will apply to the Court for the relief sought.

This the 4th day of March 2008.

Eric Ridenour

RIDENOUR LAW FIRM, P.A.

P.O. Box 965

Sylva, NC 28779

(828) 586-3131

(828) 586-3763 (Fax)

51-2

NOTICE

EASTERN BAND OF CHEROKEE INDIANS

HOUSING & COMMUNITY DEVELOPMENT

Request for Proposals

General Notice

The Housing & Community Development Division of the Eastern Band of Cherokee Nation (EBCN), a federally recognized Indian Tribe, is requesting proposals from all interested Developers, Land Use Planners, Site Engineers, and/or Architectural design firms who, as Independent Contractors, will provide site planning, engineering and architectural services pursuant to a design/build site development contract that will include up to 200 single and multi-family housing units, a town community center and a public safety substation. Successful firm will not be responsible for house construction or design under this contract, but will plan, oversee and develop/construct site infrastructure and layout. This project is located on a parcel of land that consists of 300 acres ±.

The project described under this RFP is located in the Cooper’s Creek Community of Swain County which is adjacent to the Cherokee Indian Reservation - Cherokee, North Carolina.

Only experienced and qualified firms need respond. Proposals must be received on or before May 16, 2008 at to the Housing & Community Development main office located at 149 Children’s Home Road, Cherokee, North Carolina.

A mandatory pre bid conference will be held on April 8, 2008, at 9:00 am in the conference room of the Housing & Community Development Division located at 149 Children's Home Road, Cherokee, North Carolina. Non-Attendance will disqualify participation.

Information packets will be available beginning Monday, March 24, 2008 during the hours of 8:00 am to 4:00 pm thru April 4, 2008, at the Housing & Community Development Division main office located at 149 Children’s Home Road, Cherokee, North Carolina.

When referring to this RFP and the work described herein, identify it as:

Housing & Community Development / Design / Build Services

For more information call Mr. Paul Smith, Housing Production Manager, at (828) 554-6903 or fax (828) 554-6905.

Mr. Paul Smith, HPM

EBCI Housing & Community Development Division

P.O. Box 455

Cherokee, NC 28719

This project is funded by Eastern Band of Cherokee Nation’s Housing & Community Development Division. The work to be performed under this request is subject to Tribal Ordinance 280, Chapter 92 Tribal Business preference law. TERO certified and qualified vendors will be given preference.

52,1

NOTICE OF FORECLOSURE SALE

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Douglas M. Baer and Melissa A. Baer, husband and wife to Andrew Valentine, Esq., Trustee(s), dated the 16th day of October, 2006, and recorded in Book 1625, Page 498, 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, Substitute Trustee Services, Inc. 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 in the City of Sylva, Jackson County, North Carolina at 3:30 pm on April 2, 2008 and will sell to the highest bidder for cash the following real estate situated in the County of Jackson, North Carolina, and being more particularly described as follows:

Being all of Lots 7 and 8, Section F, Round Hill Subdivision, as shown on a plat thereof recorded in Plat Cabinet 2, Slide 151, Jackson County Registry, to which reference is specifically made. Together with improvements located thereon; said property being located at 240 Round Hill Road, Sapphire, North Carolina.

Also being the same lands as described in that certain deed recorded in book 1186, page 257, Jackson County Registry, to which reference is specifically made.

Together with all appurtenances and Subject to all restrictions, reservations and exceptions set forth in the above-referenced deed and as shown on the above-referenced plat.

Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

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 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. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.

A cash deposit or cashier’s check (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.

An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.

Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.

IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.

This 12th day of March, 2008.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

BY: Attorney at Law

The Law Firm of Hutchens, Senter

& Britton, P.A.

Attorneys for Substitute

Trustee Services, Inc.

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

http://www.fc-sales.com

Case No: 343.1270

52,1e 

Notice of Primary Election

Jackson County, North Carolina

 

A primary will be held on 05/06/2008 in Jackson County, North Carolina to vote on party primaries and non-partisan offices. Polls will be open from 6:30 a.m. until 7:30 p.m. The polling places will be located at:

Barkers Creek  Barkers Creek Com Bldg

Canada  Canada Fire Dept

Caney Fork  Caney Fork Com. Bldg

Cashiers  Cashiers Fire Dept.

Cullowhee  Cullowhee Valley Elem. School

Dillsboro  Dillsboro Town Hall

Greens Creek  Savannah Com. Bldg

Hamburg  Glenville Com. Bldg

Mountain  Pine Creek. Com. Bldg.

Qualla  Qualla Com. Bldg

River  Tuckaseegee Fire Dept.

Savannah  Savannah Fire Dept.

Scotts Creek #1  Old Scotts Creek School (HUB)

Scotts Creek #2  Willets Com. Bldg.

Scotts Creek #3  Balsam Com. Bldg

Sylva-North  Justice & Administration Bldg

Sylva-South  Community Service Bldg

Webster  Old Webster School

 

Absentee ballots are allowed. Requests for an absentee ballot must be made in writing and received in the Jackson County Board of Elections office by 5:00 p.m. on April 29th. Absentee voting by mail begins on March 17th and ends at 5:00 p.m. on May 5th. The Board of Elections will meet on April 15th, 22nd and 29th and other times as may be necessary for the purpose of approving absentee ballot applications. 

 

One-stop voting will be held at the following locations:

Cashiers: Cashiers Community, 249 Frank Allen Rd Cashiers NC 28717 Wednesdays 10-5 and Sat 10 – 1

Cherokee: Wolftown Community Bldg, 28 Long Br Rd, Cherokee, M-F 9-5 and Sat 10-1

Cullowhee: Cullowhee Rec Center, 88 Cullowhee Mountain Road, Cullowhee. Tues and Thurs 9-5, Sat 10-1

Board of Elections Office: 401 Grindstaff Cove Road, Sylva 28779 M-F 8-5 Sat 10-1

One-stop voting begins on Thursday April 17th ends on Saturday May 3rd. Canvass Day will be held at 11:00am in the Jackson Board of Elections Office in Sylva on Tuesday, 05/13/2008.

 

All residents of Jackson County who are registered to vote with the Jackson County Board of Elections may vote in this election. Voters who are previously registered need not re-register for this election. Those residents of the Jackson County who are not registered to vote or who needs to change voter information must register/update on or before Friday, April11th in order to be eligible to vote in this election. Any voter who has moved since the last election must notify the Board of Elections in writing by April 11th. A person may register at the Board of Elections Office at 401 Grindstaff Cove Road, Room 249, Sylva NC 28779 or may register by mail. Registration/update forms may be also be found at local libraries or at www.sboe.state.nc.us.

 

For additional information contact the Jackson Board of Elections at 828-586-7538 and Jackson.boe@gmail.com and lisalovedahl@jacksonnc.org.

52-3e

 

Notice of Primary Election

Jackson County, North Carolina

 

A primary will be held on 05/06/2008 in Jackson County, North Carolina to vote on party primaries and non-partisan offices. Polls will be open from 6:30 a.m. until 7:30 p.m. The polling places will be located at:

Barkers Creek  Barkers Creek Com Bldg

Canada  Canada Fire Dept

Caney Fork  Caney Fork Com. Bldg

Cashiers  Cashiers Fire Dept.

Cullowhee  Cullowhee Valley Elem. School

Dillsboro  Dillsboro Town Hall

Greens Creek  Savannah Com. Bldg

Hamburg  Glenville Com. Bldg

Mountain  Pine Creek. Com. Bldg.

Qualla  Qualla Com. Bldg

River  Tuckaseegee Fire Dept.

Savannah  Savannah Fire Dept.

Scotts Creek #1  Old Scotts Creek School (HUB)

Scotts Creek #2  Willets Com. Bldg.

Scotts Creek #3  Balsam Com. Bldg

Sylva-North  Justice & Administration Bldg

Sylva-South  Community Service Bldg

Webster  Old Webster School

 

Absentee ballots are allowed. Requests for an absentee ballot must be made in writing and received in the Jackson County Board of Elections office by 5:00 p.m. on April 29th. Absentee voting by mail begins on March 17th and ends at 5:00 p.m. on May 5th. The Board of Elections will meet on April 15th, 22nd and 29th and other times as may be necessary for the purpose of approving absentee ballot applications. 

 

One-stop voting will be held at the following locations:

Cashiers: Cashiers Community, 249 Frank Allen Rd Cashiers NC 28717 Wednesdays 10-5 and Sat 10 – 1

Cherokee: Wolftown Community Bldg, 28 Long Br Rd, Cherokee, M-F 9-5 and Sat 10-1

Cullowhee: Cullowhee Rec Center, 88 Cullowhee Mountain Road, Cullowhee. Tues and Thurs 9-5, Sat 10-1

Board of Elections Office: 401 Grindstaff Cove Road, Sylva 28779 M-F 8-5 Sat 10-1

 

One-stop voting begins on Thursday April 17th ends on Saturday May 3rd. Canvass Day will be held at 11:00am in the Jackson Board of Elections Office in Sylva on Tuesday, 05/13/2008. Persons wishing to register and vote after the registration deadline may appear in person at a one-stop absentee voting site, complete the voter registration application form and provide proof of residence by presenting valid documents showing current name and address.

 

All residents of Jackson County who are registered to vote with the Jackson County Board of Elections may vote in this election. Voters who are previously registered need not re-register for this election. Those residents of the Jackson County who are not registered to vote or who needs to change voter information must register/update on or before Friday, April11th in order to be eligible to vote in this election. Any voter who has moved since the last election must notify the Board of Elections in writing by April 11th. A person may register at the Board of Elections Office at 401 Grindstaff Cove Road, Room 249, Sylva NC 28779 or may register by mail. Registration/update forms may be also be found at local libraries or at www.sboe.state.nc.us.

 

For additional information contact the Jackson Board of Elections at 828-586-7538 and Jackson.boe@gmail.com and lisalovedahl@jacksonnc.org.

52-3e


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