The Transylvania Times -

Legal Notices for October 20, 2016

 

October 20, 2016



NOTICE OF SERVICE OF PROCESS BY

PUBLICATION

STATE OF North CAROLINA

COUNTY OF

HAYWOOD

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NO: 15 CVD 535

LAURA SMITH SHIPMAN, Plaintiff,

vs.

DENNIS DALE SHIPMAN, Defendant,

TO: DENNIS DALE SHIPMAN

Take notice that pleading seeking relief against you has been filed in the above-entitled action.

The nature of the relief being sought is as follows:

Complaint for Divorce

You are required to make defense to such pleading not later than the 29th day of November, 2016, said date being forty (40) days from the first publication of this notice, or from the date complaint is required to be filed, whichever is later; and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.

This the 10th day of May, 2016.

SMATHERS &

SMATHERS

Attorneys at Law

Zeb L. Smathers

Attorney for Plaintiff

State Bar No. 40076

118 Main Street, Suite B

Canton, North Carolina 28716

T: 828/648-8240

F: 828/648-3869

T/10/20/3TP-63574

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NOTICE OF

NOVEMBER 8, 2016 GENERAL ELECTION

Transylvania

COUNTY, NORTH

CAROLINA

Notice is hereby given pursuant to GS 163-33(8) that a General Election will be held on Tuesday, November 8, 2016 in Transylvania County, North Carolina to vote on the candidates for the offices of: US President, US Senate, NC Governor, NC Lieutenant Governor, NC Attorney General, NC Auditor, NC Commission of Agriculture, NC Commissioner of Insurance, NC Commissioner of Labor, NC Secretary of State, NC Superintendent of Public Instruction, NC Treasurer, NC State Senate District 48, NC House of Representatives District 113, Transylvania County Board of Commissioners, Register of Deeds, NC Supreme Court Associate Justice, NC Court of Appeals Judge (Stephens), NC Court of Appeals Judge (Hunter), NC Court of Appeals Judge (Dietz), NC Court of Appeals Judge (Zachary), NC court of Appeals Judge (Geer), NC District Court Judge District 29B (Brittain), NC District Court Judge District 29B (Brooks), NC District Court Judge District 29B (Cowan), NC District Court Judge District 29B (Knight), Board of Education, and Soil and Water Conservation Board. Polls will be open from 6:30 AM to 7:30 PM. The polling places for each precinct will be located at:

• Boyd – North Transylvania Fire Department, 5299 Asheville Hwy., Pisgah Forest;

Brevard #1 – Election Center Conference Room, 34 E. Morgan St., Brevard;

Brevard #2 – VFW Building, 50 Veterans Cir., off Nicholson Creek Rd., Brevard;

Brevard #3 – Transylvania County Rescue Squad-Brevard Unit, 233 Fisher Rd., Brevard;

Brevard #4 – Porter Center at Brevard College, 1 Brevard College Dr., Brevard;

• Cathey’s Creek – Cathey’s Creek Community Center, 131 Island Ford Rd., Brevard;

Cedar MountainCedar Mountain Community Center, 10635 Greenville Hwy., Cedar Mountain;

• Dunn’s Rock – Dunn’s Rock Community Center, 461 Connestee Rd., Brevard;

• East Fork – Connestee Fire Rescue Substation, 2047 Walnut Hollow Rd., Brevard;

• Little River – Little River Community Center, 191 Little River Church Rd., Penrose;

Pisgah ForestTransylvania County Public Safety Facility, 153 Public Safety Way, Brevard;

• Rosman-Eastatoe – Rosman Town Hall, 6 Main St., Rosman;

• TC1 – Balsam Grove Community Center, 8732 Parkway Rd., Balsam Grove;

• TC7 – Lake Toxaway Community Center, 81 Slick Fisher Rd., Lake Toxaway;

• Williamson Creek – Williamson Creek Comm-unity Center, 122 Community Center Rd., Pisgah Forest.

Absentee Ballots are allowed. Requests for an absentee ballot must be made on the State Absentee Ballot Request Form, available at the Board of Elections office, and received in the Transylvania County Board of Elections office by 5:00 PM on Tuesday, November 1, 2016. Absentee voting begins on Friday, September 9, 2016 and ends at 5:00 PM, Tuesday, November 1, 2016. The Board of Elections will meet October 18, 25, 29 and November 1, 3, 7 and 14 at 5:00 PM, November 5 at 3:00 PM, November 8 at 2:00 PM, and other times as may be necessary for the purpose of approving absentee ballot applications.

One-stop absentee voting will be held in the Meeting Room of the Transylvania County Election Center, 150 S. Gaston St., Brevard, beginning Thursday, October 20, 2016 through Thursday, October 26, 2016. One-stop voting hours on these days are, 10:00 AM to 6:00 PM (closed Sunday, October 23). One-stop absentee voting will be held in the Meeting Room of the Transylvania County Election Center, 150 S. Gaston St., Brevard, and the Rosman Town Hall, 6 Main St., Rosman, beginning Thursday, October 27, 2016 and ending Saturday, November 5, 2016. One-stop voting hours are, 10:00 AM to 6:00 PM through Thursday November 3 (closed Sunday, October 30), 10:00 AM to 8:00 PM Friday, November 4 and Saturday, November 5, 10:00 AM to 1:00 PM.

The Canvass meeting will be held at 11:00 AM in the Transylvania County Election Center, 150 S. Gaston St., Ste. A, Brevard, on Friday, November 18, 2016.

All residents of Transylvania County who have resided in the county for at least 30 days prior to Election Day and are registered to vote with the Transylvania County Board of Elections may vote in this election. Voters who are previously registered need not re-register for this election. Those voters who are registered unaffiliated may vote in the primary election. Unaffiliated voters will be given a choice of ballot at the polling places. Those residents who are not registered must register on or before Friday, October 14, 2016 in order to be eligible to vote in this election. Those voters who are not registered by Friday, October 14, 2016 may register and vote during one stop early voting only, and will be required to provide documentation of their identity and residence. Voters who wish to change their party affiliation or who have changed their name or address must notify the Board of Elections in writing by Friday, October 14, 2016. Voters who fail to notify the Board of Elections of a change in their name or address must update their information when presenting to vote, and may be required to vote a provisional ballot.

Voters who require assistance with casting their ballot are entitled to assistance by an appropriate person of their choice or an election official. Registration facilities and polling places are accessible to elderly and handicapped. Curbside voting is available for voters who are not physically able to enter the polling place.

For additional information contact the Transylvania County Board of Elections at http://www.transylvaniaelections.org, by phone at (828) 884-3114, or in person at 150 S. Gaston St., Ste. A, Brevard, during office hours, Monday through Friday, 8:30 AM until 5:00 PM.

David P. Morrow, Chairman

Transylvania County Board of Elections

T/9/29/4TC-63246

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

16 CvD 358

NOTICE OF SALE

COUNTY OF

TRANSYLVANIA,

A Body Politic and Corporate, Plaintiff

-vs-

HSBC MORTGAGE SERVICES, INC., Defendant

Under and by virtue of an order of the District Court of Transylvania County, North Carolina, made and entered in the action entitled “County of Transylvania, a body politic and corporate vs. HSBC Mortgage Services, Inc.” the undersigned commissioner will on the 4th day of November, 2016, at 11:00 AM offer for sale and sell for cash, to the last and highest bidder at public auction, at the courthouse door in Transylvania County, North Carolina in Brevard, the following described property lying in Transylvania County, North Carolina and more particularly described as follows:

BEGINNING at a stake in the center of Sawmill Branch, said stake also being located in the center of a 60 foot wide road right-of-way and also being a common corner of two (2) one-acre lots shown on a plat prepared by P. R. Raxter, RLS, in September, 1980, which is designated as Drawing No. B-349 (17X22)449, and runs thence leaving the center of said 60 foot wide road right-of-way and along the center of Sawmill Branch the following six calls: North 36 deg. 09 min. 30 sec. East 85.37 feet to a stake; North 65 deg. 24 min. East 53.78 feet to a stake; North 35 deg. 14 min. 30 sec. East 105.14 feet to a stake; North 50 deg. 46 min. East 32.04 feet to a stake; North 15 deg. 27 min. East 31.27 feet to a stake; North 64 deg. 56 min. East 69.23 feet to a stake; thence leaving the center of said branch, North 42 deg. 04 min. west 125.04 feet to a stake in the center of a 60 foot wide right-or-way; thence along the center of said road right-of-way the following four calls: South 59 deg. 06 min. 30 sec. West 58.23 feet to a stake; South 50 deg. 03 min. West 81.50 feet to a stake; South 57 deg. 15 min. West 119.55 feet to a stake; South 39 deg. 42 min. 30 sec. West 42.07 feet to a stake in the center of said road right-of-way at the point of intersection of the center of said road right-of-way with the center of the first 60 foot wide road right-of-way hereinabove referred to; thence along the center of the first 60 foot wide road right-of-way hereinabove referred to the following six calls: North 76 deg. 56 min. East 49.33 feet to a stake; South 62 deg. 29 min. 30 sec. East 31.42 feet to a stake; South 09 deg. 58 min. 30 sec. East 24.41 feet to a stake; South 32 deg. 45 min. West 58.81 feet to a stake; South 07 deg. 32 min. West 72.47 feet to a stake; South 53 deg. 09 min. East 36.28 feet to the BEGINNING. Containing 1.00 acre, more or less, as surveyed and platted by P. R. Raxter, RLS, in September, 1980, and as shown on a plat which is designated as Drawing No. B- 349(17X22) 449.

Together with a road right-of-way to the public road, said right-of-way to run an follows: over and along the two 60 foot wide road rights-of-way hereinabove referred to which connect the property hereinabove described with the existing old road which runs in a generally easterly and northeasterly direction to a proposed new extension which will connect said old road with a 16 foot wide road right-of-way described in a deed recorded in Book 110, page 268, Records of Deeds for Transylvania County, North Carolina, and thence over and along said existing old road and said proposed new extension and said 16 foot wide road right-of-way to the East Fork Road, with said road right-of-way to be for travel of all kinds, on foot and with all types of vehicles, with the right of ingress, egress and regress over and along the same in common with the Grantor and all others entitled to the use thereof.

Being all of the same land and road rights-of-way referred to in a deed from Jimmy E. Weathersbee and wife, Shirley G. Weathersbee, to Terry D. Carter and wife, Sandra N. Carter, dated February 19, 1982, and recorded in Book 252, page 498, Records of Deeds for Transylvania County, North Carolina.

This conveyance is made subject to the rights-of-way of all roads which presently traverse the property, to all rights-of-way for public utilities presently appearing of record, to the rights-of-way of all utility lines which may presently traverse the property, to all restrictions set out or referred to in a deed recorded in Book 246, page 716, Records of Deeds for Transylvania County, North Carolina, and to all restrictions set out in a deed from John W. Terjesen and wife, Ethel Mae Terjesen, to Sharon White, Trustee, dated December 27, 1979, and recorded in Book 239, page 741, Records of Deeds for Transylvania County, North Carolina.

Also being identified as PIN# 8562-31-5937, Transylvania County Tax Office. Address: 570 Thissa Way, 1.0 acre.

The sale will be made subject to all existing easements and restrictions, any superior liens, all outstanding city and county taxes, all local improvement assessments against the above-described property not included in the judgment in the above-entitled cause, any prior lien in favor of the State of North Carolina, any right of redemption of the United States and any rights of any persons in possession. A deposit of the greater of $750.00 or five (5) percent of the successful bid will be required at the time of sale unless the highest bid is by a taxing unit; then a deposit shall not be required.

Upon delivery of the deed, the winning bidder shall be required to pay the costs of recordation of the deed, including deed stamp taxes due to the Register of Deeds.

This the 4th day of October, 2016.

Richard J. Kania

Commissioner

600-A Centrepark Drive

Asheville, North Carolina 28805

(828) 252-8010

T/10/20/2TC-63545

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PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that the Brevard Board of Adjustment will meet in the Council Room of the Municipal Building located at 95 W. Main St. in Brevard, North Carolina, on Tuesday, November 1, 2016 at 3:00 P.M. The following case will be considered:

The purpose of this meeting is to discuss the VARIANCE APPLICATION of Rhett Pace, Platt Architecture, PA, Agent for Red Clay, LLC (VAR #16-000005).

VAR Request – Red Clay, LLC

Consideration of application (V16-000005) request of Red Clay, LLC, for a variance of thirty-two (32’) by fifteen (15’) foot encroachment into the 40 foot required setback per Unified Development Ordinance Chapter 2.3.B. The property is located at 342 Mountain Industrial Drive within the corporate limits of the City of Brevard, further identified by PIN 8596-37-7910-000.

The submitted application and accompanying information regarding the above-described request is available for review within the City Planning Department, 95 West Main Street, Brevard, NC 28712.

If you have any questions, please feel free to contact the City of Brevard Planning and Zoning Department at 828-885-5630.

T/10/20/2TC-63561

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PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that the Brevard Board of Adjustment will meet in the Council Room of the Municipal Building located at 95 W. Main St. in Brevard, North Carolina, on Tuesday, November 1, 2016 at 3:00 P.M. The following case will be considered:

The purpose of this meeting is to discuss the VARIANCE APPLICATION of St. Philips Episcopal Church (VAR #16-000004).

VAR Request – St. Philips Episcopal Church

Consideration of application (V16-000004) request of St. Philips Episcopal Church for a five (5) foot variance in the required setback from the right of way of ten (10) feet, as required by Unified Development Ordinance Chapter 12.5.B. to allow for a ground sign. The property is located at 256 East Main Street within the corporate limits of the City of Brevard, further identified by PIN 8586-60-3131-000.

The submitted application and accompanying information regarding the above-described request is available for review within the City Planning Department, 95 West Main Street, Brevard, NC 28712.

If you have any questions, please feel free to contact the City of Brevard Planning and Zoning Department at 828-885-5630

T/10/20/2TC-63562

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PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that the Brevard Board of Adjustment will meet in the Council Room of the Municipal Building located at 95 W. Main St. in Brevard, North Carolina, on Tuesday, November 1, 2016 at 3:00 P.M. The following case will be considered:

The purpose of this meeting is to discuss the VARIANCE APPLICATION of Nathan Bauman, (VAR #16-000003).

VAR Request – Nathan Bauman

Request of Nathan Bauman for a 2 foot variance in the front yard fence height requirement from 4’ to 6’ in accordance with UDO Chapter 3.30.D. 2. The property is located at 14 Eastview Drive within the corporate limits of the City of Brevard, further identified by PIN 8585-97-5858-000.

The submitted application and accompanying information regarding the above-described request is available for review within the City Planning Department, 95 West Main Street, Brevard, NC 28712.

If you have any questions, please feel free to contact the City of Brevard Planning and Zoning Department at 828-885-5630

T/10/20/2TC-63625

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-339

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Barbara Lou Skogen of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Barbara Lou Skogen to present them to the undersigned on or before January 6, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: October 6, 2016.

Suzanne Keogh

166 Millbrook Dr.

Brevard, NC 28712

T/10/6/4TP-63469

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-357

EXECUTOR’S —- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Edna Elizabeth Lucas of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Edna Elizabeth Lucas to present them to the undersigned on or before January 20, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: October 20, 2016.

David J. Hull

225 Water St.

Jacksonville, NC 32202

Attorney: Brian P. Philips

T/10/20/4TC-63593

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-322

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Henry Clark Snyder of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Henry Clark Snyder to present them to the undersigned on or before January 6, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: October 6, 2016.

Susannah Conyers Ross

106 James Street

Greenville, SC 29609

T/10/6/4TP-63468

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

FILE NO. 16-E-360

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Barbara Jean Fenton of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Barbara Jean Fenton to present them to the undersigned on or before January 20, 2016 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment. Dated: October 20, 2016.

Laurie A. Yeagley

303 North Nickelplate St.

Louisville, OH 44641

T/10/20/4TP-63592

 
 

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