Legals 4-18-18

by | April 24, 2018 4:56 pm

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NOTICE TO DEBTORS AND CREDITORS

GEORGIA, EMANUEL COUNTY

All creditors of the estate of Barbara Williams Mosley, decedent, late of Emanuel County, are hereby notified to render in their demands to Jerry N. Cadle, P.C., P.O. Box 68, Swainsboro, GA 30401 according to law, and all persons indebted to said estate are required to make immediate payment.

This 20th   day of March, 2018.

Watson V. Mosley, Administrator of the Estate of

Barbara Williams Mosley, decedent

Jerry N. Cadle, P.C.

P.O. Box 68

Swainsboro, GA 30401

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STATE OF GEORGIA

COUNTY OF EMANUEL

IN RE: ESTATE OF WILLIE BERTA TAPLEY, DECEASED.

All creditors of the estate of WILLIE BERTA TAPLEY, deceased, late of Emanuel County, are hereby notified to render their demands to Richard M. McNeely, attorney for Mike Tapley, Executor of the Willie Berta Tapley Estate, at    P. O. Box 767, Swainsboro, Georgia 30401, according to law, and all persons indebted to said estate are required to make immediate payment of any indebtedness due the estate.

This 20th day of March, 2018.

RICHARD M. MCNEELY,

Attorney for Mike Tapley

Executor of the

Willie Berta Tapley Estate

Richard M. McNeely, P.C.

P. O. Box 767

Swainsboro, Georgia 30401

(478) 237-4225

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IN THE JUVENILE COURT OF EMANUEL COUNTY

STATE OF GEORGIA

IN THE INTEREST OF:

A.H., DOB: 12/29/2002                CASR NO. 17-JV-110

A.L., DOB: 4/4/2007

I.L., DOB: 12/27/2001

I.H., DOB: 6/2/2005

Minor Children.

NOTICE OF SUMMONS

TO: ANNIE STOKES, LA SHIM LOPEZ, BENJAMIN LAZO, JAMES HULLET, and ERIC LOPEZ

You are hereby notified that the above-styled action brought by the Emanuel County Department of Family and Children Services, and the Georgia Department of Human Services, seeking temporary legal custody of your above-referenced children with the Department has been field in the Juvenile Court of Emanuel County, Georgia; and that by reason of an Order for Service of Summons by Publication entered by the court on the 7th day of February, 2018, you are hereby notified that you may obtain a copy of the petition from the Clerk of the Juvenile Court of Emanuel County, Georgia and may file  with the Clerk of said Court, and serve upon Jennifer T. McComas, Petitioner’s Attorney, whose address is 128 Jackson Street, Vidalia, Georgia, 30474, an answer to the petition at any time prior to the Final Hearing.

You are hereby notified that a Final Hearing with regard to the above-styled action will come before the Court on April 12, 2018 at 10:00 a.m. in the Juvenile Courtroom at the Emanuel County Courthouse, Swainsboro, Georgia

The Findings of Fact and Order of Disposition made at the Provisional Hearing will become final at the Final Hearing unless the party served by publication appears at the final Hearing. If the party served by publication fails to appear at the Final Hearing on the petition, the Findings of Fact and Interlocutory Orders made will become final without further evidence and will be governed by the Juvenile Court Code as if made at the Final Hearing. If the party served by publication appears at the Final Hearing, the Interlocutory findings and Orders shall be vacated and disregarded, and the hearing shall proceed upon the allegations of the motion.

The parties notified hereby are entitled to legal counsel in the proceedings, and the Court will appoint legal counsel if any party should be unable, without undue hardship, to employ counsel.

WITNESS, the Honorable Sherri McDonald, Judge of said Juvenile Court.

This 16th day of March, 2018.

Kristin C. Hall

Clerk, Emanuel County Juvenile Court

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This is an attempt to collect a debt and any information obtained will be used for that purpose.

NOTICE OF SALE UNDER POWER

GEORGIA, EMANUEL COUNTY

Under and by virtue of Power of Sale contained in the Security Deed from Tommy Davis a/k/a Thomas W. Davis, to Vanderbilt Mortgage and Finance, Inc., dated April 15, 2014, filed for record April 21, 2014, recorded at Deed Book 399, Page 235, Emanuel County, Georgia Records, in the original principal amount of $106,012.52, together with a Promissory Note of equal date and value, with interest at the rate specified therein, there will be sold, by the undersigned at public outcry to the highest bidder for cash, before the Courthouse Door at EMANUEL COUNTY, Georgia, within the legal hours of sale on the first TUESDAY in May, 2018, the following:

All that tract or parcel of land lying, situate and being in the 57th G.M.

District of Emanuel County, Georgia, containing 3.00 acres, fronting a distance of 390.12 feet on the southern side of Blun Road (County Road #58) as shown on plat of survey made by Ronny Barron, Surveyor, dated April 3, 2014, which is recorded in the Office of Clerk, Emanuel Superior Court in Plat Book 22, page 498 to which reference is made as a part of this description. Said property is bounded now or formerly as follows: North by Blun Road (County Road #58); East by other lands of Tommy Davis; Southeast by other lands of Tommy Davis; and West by lands of Justin Hartmeyer and other lands of Tommy Davis.

Said property is a portion of that conveyed by a Quitclaim Deed dated September 26, 1990 from Barbara D. Waters to Tommy Davis, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book 24, page 220-221.

Said property is a portion of that conveyed by a Quitclaim Deed dated June 11, 1984 from Lois A. Davis to Barbara D. Waters and Thomas W. Davis, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book IJ, pages 410-411.

Said property is a portion of that conveyed by a Warranty deed conveying a life estate dated September 28, 1979 from Barbara D. Waters and Thomas W. Davis to Lois A. Davis, which is recorded in the Office of Clerk, Emanuel Superior Court in Deed Book HK, pages 9-11. Said property was awarded to Lois A. Davis, Barbara D. Waters, Thomas W. Davis by an Order Declaring No Administration Necessary on the Estate of Thomas D. Davis, which is recorded in the Office of the Probate Court of Emanuel County, Georgia in Minute Book 14, pages 403-406.

Said property is designated by the Emanuel County Tax Assessors as a portion of Map and Parcel #092-008.

Under the present system of numbering, said property is known as 209 Blun Road, Swainsboro, Georgia 30401.

The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including, but not limited to, the nonpayment of the indebtedness as and when due.  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 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: all zoning ordinances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; and all outstanding bills for public utilities which constitute liens upon said property; To the best of the knowledge and belief of the undersigned, the party in possession of the property is Tommy Davis a/k/a Thomas W. Davis and /or tenant(s).

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. VANDERBILT MORTGAGE AND FINANCE, INC. and its counsel are acting as debt collectors.  Any information obtained will be used for that purpose. 

VANDERBILT MORTGAGE AND FINANCE, INC., as Attorney-in-Fact for Tommy Davis a/k/a Thomas W. Davis.  For information on modifying or altering the loan or acquiring further information about this Security Deed:

Contact:  Jason Godwin

Godwin Law Group

3985 Steve Reynolds Blvd, Bldg D

Norcross, GA 30093

Phone: 770-448-9925

Email: jgodwin@godwinlawgroup.com

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GEORGIA, EMANUEL COUNTY

Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by WALLACE J. MOORE a/k/a WALLACE MOORE to DURDEN BANKING CO., INC. P.O. Box 1560, Swainsboro, Georgia, 30401,  dated April 1, 2008 and recorded in Deed Book 308, pages 3-6, Emanuel County, Georgia Records, conveying the after-described property, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Emanuel County, Georgia, within the legal hours of sale on the first Tuesday in May, 2018, to wit: May 1, 2018, the following described property:

TRACT ONE: All that tract or parcel of land lying, situate, and being partially in the Town of Summertown, 57th G.M. District of Emanuel County, Georgia, containing 19.996 acres, more or less, as shown on a plat of survey prepared by Billy Flanders & Associates, dated March 25, 2005, which is recorded in Plat Book 21, page 373, of the Records of the Office of the Clerk, Emanuel Superior Court. Said plat by reference hereto is incorporated herein for a more full, complete, and accurate description of said property. Said tract or land being bounded, now or formerly, as follows: Northeast by other lands of Rebecca Bailey Evans; South by a 9.994 acre tract or land shown on said plat which is other lands of Rebecca Bail Evans; East by the right-of-way of Georgia Highway 192; and Northwest by the right of way of Georgia Highway 56.

The above-described tract of land is a portion of that 69.5 acre tract conveyed to Eloise S. Bailey and Rebecca J. Bailey by Executrix Deed from Eloise Bailey and Executrix of Last Will of Testament of Wallace C. Bailey dated December 26, 1985. Said deed is recorded in Deed Book IS, pages 307-308 f the Records of the Clerk, Emanuel Superior Court. Eloise S. Bailey was conveyed a life estate in and to said property with a remainder interest over to Rebecca J. Bailey. Eloise S. Bailey died September 3, 2002, leaving title to said property vested solely in Rebecca J. Bailey.

TRACT TWO: All that tract or parcel of land lying, situate, and being in the 57th G.M. District of Emanuel County, Georgia, containing 9.994 acres, more or less, according to that particular plat of survey by Billy Flanders and Associates, dated March 25, 2005, which is recorded in Plat Book 21, page 373 of the Records of the Office of the Clerk, Emanuel Superior Court. Said plat by reference hereto is incorporated herein for a more, full, complete, and accurate description of said property. Said tract of land is bounded, now or formerly, as follows: North by a 19.996 acre tract of land as shown on said plat being the lands, now or formerly, of Rebecca Bailey Evans; East by lands of Rebecca Bailey Evans; South by lands of Paul Bailey; and West by the right of way of Georgia Highway 192.

The above-described tract of land is a portion of that 69.5 acre tract conveyed to Eloise S. Bailey and Rebecca J. Bailey by Executrix Deed from Eloise Bailey as Executrix of the Last Will and Testament of Wallace C. Bailey, which was dated December 26, 1985. Said Deed is recorded i Deed Book IS, pages 307-308 of the Records of the Office of the Clerk, Emanuel Superior Court. Eloise S. Bailey died September 3, 2002, leaving title to said property vested solely in Rebecca J. Bailey.

Said Deed to Secure Debt was executed to secure a Note of even date in the original principal amount of $55,891.63, with interest at the rate specified therein together with all other indebtedness of the borrower to the lender then due or that might thereafter become due, or thereafter become contracted, which was or would be evidenced by a note or notes.

The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 the Deed to Secure Debt and by law, including attorney’s fees. Notice of intent to collect attorney’s fees has been given, as provided by law.

Said property is commonly known as 2152 Highway 56, North, Midville, GA 30442, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party in possession of the subject property is: WALLACE J. MOORE a/k/a WALLACE MOORE or tenant or tenants.

Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, and covenants, etc.

The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.

Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.

Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Wade Johnson, Executive Vice President, Durden Banking Company, Inc., P.O. Box 1560, Swainsboro, GA 30401, telephone (478) 237-2121.

The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend, or modify the terms of the Deed to Secure Debt described herein.

This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being Durden Banking Company, Inc., as Attorney in Fact for Wallace J. Moore a/k/a Wallace Moore, P.O. Box 1560, Swainsboro, GA 30401.

Jerry N. Cadle, P.C.

Attorney

P.O. Box 68

Swainsboro, GA 30401

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTMEPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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IN THE JUVENILE COURT OF EMANUEL COUNTY STATE OF GEORGIA

IN THE INTEREST OF:

J.T., DOB: 9/25/2014,

J.P., DOB: 8/19/2013,                   CASE NO. 17-JV-98

J.P., DOB: 3/20/2012,

J.P., DOB: 8/3/2010,

Minor Children.

NOTICE OF SUMMONS

TO: JUAN CARLOS PEREZ

You are hereby notified that the above-styles action brought by the Emanuel County Department of Family and Children Services, and the Georgia Department of Human Services, seeking temporary legal custody of your above-referenced children with the Department has been filed in the Juvenile court of Emanuel County, Georgia; and that by reason of an Order for Service of Simmons by Publication entered by the court on the 14th day of March, 2018, you are hereby notified that you may obtain a copy of the petition from the Clerk of Court, and serve upon Jennifer T. McComas, Petitioner’s Attorney, whose address is 128 Jackson Street, Vidalia, Georgia, 30474, an answer to the petition at any time prior to the Final Hearing.

You are hereby notified that a Final Hearing with regard to the above-styled action will come before the Court on June 28, 2018 at 10:00 a.m. in the Juvenile Courtroom at the Emanuel County Courthouse, Swainsboro, Georgia.

The Finding of Fact and Order of Disposition made the Provisional Hearing will become final at the Final Hearing unless the party served b publication appears at the Final Hearing. If the party served by publication fails to appear at the Final Hearing on the petition, the Final Hearing of Fact and Interlocutory Orders made will become final without further evidence and will be governed by the Juvenile Court Code as if made at the Final Hearing. If the party served by publication appears at the Final Hearing, the Interlocutory findings and Orders shall be vacated and disregarded, and the hearing shall proceed upon the allegations of the motion.

The parties notified hereby are entitled to legal counsel in the proceedings, and the Court will appoint legal counsel if any party should be unable, without undue hardship, to employ counsel.

WITNESS. The Honorable Sherri McDonald, Judge of said Juvenile Court.

This 22nd day of March, 2018

Kristin C. Hall

Clerk, Emanuel County Juvenile Court

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Notice is hereby given that articles of incorporation that will incorporate Briar Creek Revolutionary War Battlefield Association, Inc. have been delivered to the Secretary of State in accordance with Georgia Business Corporation Code. The initial registered office of the corporation is located at 218 Arden Drive Swainsboro, Ga 30401 and its initial registered agent at such address is John A. Fitzner III.

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IN THE PROBATE COURT OF EMANUEL COUNTY

STATE OF GEORGIA

IN RE:  ESTATE OF

BEN BARNEY HAYWARD SR., ESTATE NO.  18E0044

DECEASED

PETITION FOR LETTERS OF ADMINISTRATION

NOTICE

TO: ALL INTERESTED PARTIES and to whom it may concern:

DEBORAH ANN FOUNTAIN has petitioned for to be appointed Administrator of the estate of BEN BARNEY HAYWARD SR. 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 10:00 A.M. MAY 14, 2018. 

BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections.  All objections should be sworn to before a notary public or before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party.  Contact Probate Court personnel 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.

DON E. WILKES

Judge of the Probate Court

By: Jeanie Hooks

Clerk of the Probate Court

P.O.Box 70

Swainsboro, Ga. 30401

Address

478-237-7091

Telephone Number

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IN THE PROBATE COURT OF EMANUEL COUNTY

STATE OF GEORGIA

IN RE:  ESTATE OF

DAISY KELLY, ESTATE NO.  18E0041

DECEASED

NOTICE

The Petition of BRIDGETTE HARRISON, for an Order Declaring No Administration is Necessary in the above-referenced estate having been duly filed,

TO: ALL INTERESTED PARTIES

This is to notify you to file objection, if there is any, to the Petition, in this Court on or before April 30, 2018 at 10:00 A.M.

BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections.  All objections should be sworn to before a notary public or before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party.  Contact Probate Court personnel 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.

Don E. Wilkes 

Judge of the Probate Court

By: Nicky Odom

Clerk of the Probate Court

P.O. Box/ 125 S. Main St.

Address

478-237-7091

Telephone Number

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IN THE PROBATE COURT OF EMANUEL COUNTY

STATE OF GEORGIA

IN RE:  ESTATE OF

MARY JEAN KELLY, ESTATE NO.  18E0040

DECEASED

NOTICE

The Petition of BRIDGETTE HARRISON, for an Order Declaring No Administration is Necessary in the above-referenced estate having been duly filed,

TO: ALL INTERESTED PARTIES

This is to notify you to file objection, if there is any, to the Petition, in this Court on or before April 30, 2018 at 10:00 A.M.

BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections.  All objections should be sworn to before a notary public or before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party.  Contact Probate Court personnel 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.

Don E. Wilkes 

Judge of the Probate Court

By: Nicky Odom

Clerk of the Probate Court

P.O. Box/ 125 S. Main St.

Swainsboro, GA 30401

Address

478-237-7091

Telephone Number

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“The Georgia Forestry Commission will be accepting sealed bids on April 25, 2018 for two timber sales located on the Ohoopee Dunes WMA in Emanuel County.  Timber sale #11380 is located on 520 acres with approximately 20,350 tons of pine and an incidental amount of hardwood.  Timber sale #11384 is located on 412 acres with approximately 16,480 tons of pine and an incidental amount of hardwood.  For both sales, the contract period to remove the forest products will be twelve months.  Bids will be opened at the Georgia Forestry Commission’s Emanuel County Unit Office, sale #11380 at 11 AM and sale #11384 at 11:30 AM.  For more information on the timber to be sold, contact Ben Hammond, Georgia Forestry Commission, at 706-612-3729.”

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INVITATION FOR BIDS

SALE OF SURPLUS PROPERTY

The Georgia Department of Transportation will receive sealed bids to purchase property located at US 1/SR4 Oak Park Bypass and corner of 36 Bluebird Lane Oak Park Lyons GA 30436 until 12:00 P.M. on May 14, 2018 for 0.386 acres, under Project #EDS00-0545-00(017), PI# 221900, Parcel # 2R,  Emanuel County, Georgia.  The Appraised Value is $750.00.

Bids must be submitted on a Bid Proposal Form issued by the Georgia Department of Transportation, Office of Right of Way, 600 West Peachtree Street, N.W., Atlanta, Georgia. 30308.          

The Department of Transportation reserves the right to reject any or all bids.  For more information or to obtain a Bid Package, contact Anne-Rose Loy at (404) 347-0157 and refer to PM #3528.

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