The Transylvania Times -

Legal Notices for September 21, 2017

 

September 21, 2017



IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 17 E 190

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF EILEEN FORTENER, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Executor of the Estate of Eileen Fortener, deceased, late of Transylvania County, North Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before December 21, 2017, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 18th day of September,2017.

Thomas Fortener, Executor

Estate of Eileen Fortener

Erica M. Erickson, Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

T/9/21/4TC-66671

__________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-260

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Robert F. Jaggard of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Robert F. Jaggard to present them to the undersigned on or before December 7, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 7th day of September, 2017.

Craig Robert Jaggard, Exec.

PO Box 576

Marion, NC 28752

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

T/9/7/4TC-66500

__________________________________________

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 70

GENERAL NOTICE OF TAX FORECLOSURE SALE

COUNTY OF Transylvania, A Body Politic and Corporate,

Plaintiff

vs.

HEIRS OF EVON LYNCH KELLEY; VINCENT EUGENE LYNCH, et al, Defendants

Under and by virtue of a Summary and Default Judgment of the District Court Judge for Transyl-vania County, North Carolina, made and entered in the action entitled “County of Transylvania vs. Heirs of Evon Lynch Kelley, et al.” the undersigned Commissioner will, on the 5th day of October, 2017, at 11:00 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real property described in the attached Exhibit “A” incorporated herein by reference. The property lies within Transylvania County, North Carolina, and is more particularly described in Exhibit “A” PIN: 8586-22-3131-000, Lots 46 and 47, West Lane, attached hereto. The sale will be held on the Transylvania Courthouse steps, 7 East Main Street, Brevard, North Carolina, 28712.

The sale will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improvement assessments against the above-described property not included in the Judgment in the above-entitled cause. All junior liens will be extinguished upon sale.

The property, together with all buildings, fixtures and improvements thereon, is being sold “as is, where is” without warranty.

The terms of sale are that the real property described in Exhibit “A” will be sold for cash to the highest bidder and that the undersigned will require the successful bidder at the sale to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders the bidder a Deed for the property, or attempts tender of such Deed. Should the successful bidder fail to pay the full balance of the purchase price bid, the bidder shall remain liable for said bid. The Transylvania County Tax Collector may make a credit bid.

This sale will remain open for ten (10) days, as by law required, at which time an upset bid may be made with the Clerk of Court for Transylvania County, North Carolina. The Notice may be withdrawn at any time until the conclusion of the sale.

This 31st day of August, 2017.

ROBERTS & STEVENS, P.A.,

COMMISSIONER

/s/John D. Noor

John D. Noor

P.O. Box 7647

Asheville, NC 28802

Telephone: (828) 252-6600

N.C. Bar No. 43102

Posted: By:__JDN________

Date:___8/31/17_____

EXHIBIT A

PIN 8586-22-3131-000, Lots 46 and 47, West Lane

BEGINNING on a stake in the Northwest margin of a twenty foot road or street, corner of Lots Nos. 45 and 46, of the R.L. Cash subdivision and runs with the margin of said road or street, North 53 ½ degrees West 118 feet to a stake in Lynch line; thence South 3 degrees West with Lynch Line, 91 feet to a stake in the English line; thence South 48 degrees East with said line 67 feet to a stake, corner of said Lots Nos 45 and 46; thence North 30 ½ degrees East with Smith line 78 feet to the BEGINNING.

Being Lots Nos 46 and 47 of the R.L. Cash Subdivision as surveyed and mapped by A.L. Hardin, September 1915, which map is recorded in Book 33 at Page 31 of the Deeds Records of Transyl-vania County.

It is herein noted that on December 28, 1952 the Grantors deed a right of way to the Town of Brevard for watermains through Lot 34 of R.L. Cash lands said deed being recorded in Book 100 at Page 473 of the Transylvania County Deed Records. According to the terms of said deed, a part of the consideration of said deed was free water taps to Lots 34 and 46 to grantors or their assigns.

The right of free tap for Lot 46 is conveyed with the above described property.

Being that same property conveyed in a Deed from Millard Kelly to Millard Kelly and wife Evon Kelly dated July 16, 1967 and recorded in Deed Book 173 at Page 208, Transylvania County Registry.

T/9/21/2TP-66515

__________________________________________

IN THE CIRCUIT COURT OF THE FIFTHEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO .: 17-CA-009478-XXXX-MB

In re:

ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF MED-CARE MEDICAL & PHARMACY, INC., a North Carolina

corporation, Assignor,

To:

ROSS R. HARTOG, Assignee.

NOTICE OF ASSIGNMENT

TO CREDITORS AND OTHER INTERESTED PARTIES, PLEASE TAKE NOTICE THAT:

1. On August 22, 2017, a petition was filed commencing an assignment for the benefit of creditors pursuant to Chapter 727, Florida Statutes, made by Med-Care Medical & Pharmacy, Inc. (the “Assignor”), with its principal place of business at 50 Commerce Street, Unit 2, Brevard, NC 28412, to Ross R. Hartog (the “Assignee”), whose address is 101 NE Third Avenue, Suite 1210, Fort Lauderdale, FL 33301.

2. Pursuant to Section 727.105, Florida Statutes: (a) proceedings may not be commenced against the Assignee except as provided in Chapter 727, Florida Statutes, and (b) except in the case of a consensual lienholder enforcing its rights in collateral, there shall be no levy, execution, attachment, or the like in the respect of any judgment against assets of the estate, other than real property, in the possession, custody, or control of the Assignee.

3. YOU ARE HEREBY further notified that in order to receive any dividend in this proceeding you must file a proof of claim with the Assignee on or before December 20, 2017 (120 days from the date the petition was filed).

Dated: August 22, 2017

MARKOWITZ, RINGEL, TRUSTY & HARTOG, P.A.

Attorneys for Assignee

101 NE Third Avenue, Suite 1210

Fort Lauderdale, Florida 33301

Tel: (954) 767-0030

Fax: (954) 767-0035

Primary email: litservice@mrthlaw.com

Secondary email: grobson@mrthlaw.com

By: /s/ Grace E. Robson GRACE E. ROBSON

Florida Bar No. 0178063

17-0826/728015_1

T/8/31/4TP-66462

__________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

16 SP 97

IN THE MATTER OF:

The Foreclosure of a Deed of Trust executed by Joyce K. Fisher n/k/a Joyce Kaye Owen, Grantor, dated November 29, 2005, securing a Note in the original amount of $96,719.43 in favor of Transylvania Habitat for Humanity, Inc., Beneficiary, recorded in Book 320, at Page 619, re-recorded in Book 340, Page 381, Transylvania County Registry

NOTICE OF SALE OF REAL ESTATE

Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Joyce K. Fisher n/k/a Joyce Kaye Owen, recorded in Book 320 at Page 619, re-recorded in Book 340, Page 381, Transylvania County Registry, and because of default 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 Tran-sylvania County, North Carolina, entered in this foreclosure proceeding, the undersigned, April M. Burt, Substitute Trustee, will expose for sale at public auction on October 6, 2017 at 10:00AM at the door of the Transylvania County Courthouse, Brevard, North Carolina, the following described real property:

BEING all of Lot No. 2 according to the survey plat recorded in Plat File 10, Slide 784. Records of Plats for Transylvania County in the Office of the Register of Deeds for Transylvania County, North Carolina, consisting of 0.41 acres. Together with a right of way over the road shown on the Plat, and also together with a right of way for the location of the well in its existing location on Lot 1 on the Plat, including a right to run water and power lines, and to gain access to the well as needed for repairs or maintenance.

The real property hereinabove described will be sold “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 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 Transylvania County Registry not more than ten (10) days prior to the posting of this Notice is: Joyce K. Fisher n/k/a Joyce Kaye Owen.

Third party purchasers must pay the excise tax, pursuant to N.C.G.S. § 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof of the final sale price, and the Clerk of Courts fee pursuant to N.C.G.S. § 7A-308, in the amount of Forty-five Cents ($0.45) per each One Hundred Dollars ($100.00) or fractional part thereof of the final sale price or Five Hundred Dollars ($500.00), whichever is less. Pursuant to N.C.G.S. § 45 21.10(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. § 45‑21.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law.

NOTICE TO OCCUPANTS:

An order for possession of the property may be issued pursuant to N.C.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. The notice shall also state that 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.

Annika M. Brock

Counsel for Note Holders and Substitute Trustee

14 S. Pack Square,

Suite 406

Asheville, NC 28801

(828) 254-6200 Telephone

Publish Dates:

September 21, 2017

September 28, 2017

4811-9818-8856, v. 1

T/9/21/2TC-66623

__________________________________________

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 17 E 258

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF DONNA MAE PARKER, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Executor of the Estate of Donna Mae Parker, deceased, late of Tran-sylvania County, North Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before December 7, 2017, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 1st day of Sept-ember,2017.

Nora Ann Cordrey, Executor

Estate of Donna Mae Parker

Erica M. Erickson, Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

T/9/7/4TC-66572

__________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-248

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Sandra J. Hutcheson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Sandra J. Hutcheson to present them to the undersigned on or before December 1, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 31, 2017.

Patricia Ann Buchanan

451 Youngs Schoolhouse Rd

Woodruff, SC 29388

Danni Lynn Banks

5089 Highway 109

Molena, GA 30258

T/8/31/4TP-66483

__________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-250

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Julanne McCrory Barham of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Julanne McCrory Barham to present them to the undersigned on or before December 1, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: August 31, 2017.

Terry Lee Barham

171 S. Johnson St.

Brevard, NC 28712

T/8/31/4TP-66488

__________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E263

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Bonnie Bearss Burgan of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Bonnie Bearss Burgan to present them to the undersigned on or before December 7, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 7, 2017.

George B. Lee

PO Box 645

Brevard, NC 28712

T/9/7/4TP-66519

__________________________________________

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, October 3, 2017 at 3:00 P.M. The following case will be considered:

SPECIAL USE APPLICATION of Jodi Joanne Miller.

SUP Request – Jodi Joanne Miller

Consideration of Applic-ation for Special Use Permit #SUP-17-001 by Jodi Joanne Miller for Dog Training Classes and Dog Daycare Facility on property located at 340 Greenville Highway within the corporate limits of the City of Brevard, in a NMX zoning district and further identified by PIN# 8585-77-9731-000.

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/9/21/2TC-66709

__________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-264

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Shirley L. Green of Tran-sylvania County, North Carolina, this is to notify all persons having claim against the Estate of Shirley L. Green to present them to the undersigned on or before December 7, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: September 7, 2017.

Anne G. Ramey

120 Ramey Hill Rd

Lake Toxaway, NC 28747

T/9/7/4TP-66546

__________________________________________

 
 

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