The Transylvania Times -

Legal Notices for February 9, 2017

 

February 9, 2017



PUBLIC NOTICE:

The N.C. Dept. of Natural and Cultural Resources

The N. C. Department of Natural and Cultural Resources hereby gives public notice that the Governor and Council of State on February 7, 2017 approved an amendment to the articles of dedication for the State Nature and Historic Preserve at Gorges State Park. The amendment removes 4.22 acres from dedication and adds 31. 51 acres to the State Nature and Historic Preserve. Questions concerning this matter may be directed to Pete Colwell at 919-707-9324 or Park Superintendent Steve S. Pagano at 828-966-9099.

T/2/9/1TC-64553

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 506

NOTICE OF SERVICE OF PROCESS BY

PUBLICATION

COUNTY OF Transylvania, A Body Politic and Corporate, Plaintiff

vs.

UNKNOWN HEIRS OF ELSIE ENGLISH BRYSON; and UNKNOWN HEIRS OF RUTH V. BRYSON, Owners; BOBBY LEE SMATHERS, JR. and AUDREY MYRA SMATHERS, Right of First Refusal; HUBERT ARRINGTON, Judgment Creditor; OFFICE OF INDIGENT DEFENSE SERVICES, Judgment Creditor, Defendants

To:

Unknown Heirs of Elsie English Bryson

Last Known Address:

634 Cemetary Road

Pisgah Forest, NC 28768

Unknown Heirs of Ruth V. Bryson

Last Known Address:

c/o Sherry M. Thompson

P. O. Box 2953

Hendersonville, NC 28793

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action in the County of Transylvania, and notice of service of process by publication begins on January 26, 2017.

The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property (Parcel ID # 8597-82-5157-000, known as S R 1519) described through legal description at Deed Book 78 at Page 181 of the Transylvania County Registry, which is more completely described in the Complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property.

You are required to defend such pleading no later than forty (40) days after the date of the first Publication of Notice stated above, exclusive of such date, being forty days after January 26, 2017, which is March 7, 2017, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought.

THIS the 19th day of January, 2017.

ROBERTS & STEVENS, P. A.

__/s/ V. Morgan Bryant__

V. Morgan Bryant

Attorney for Plaintiff

P.O. Box 7647

Asheville, NC 28802

Telephone: (828)252-6600

Facsimile: (828)210-6554

N.C. Bar No.:46677

T/1/26/3TC-64412

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STATE OF

North Carolina COUNTY OF

Transylvania IN THE GENERAL

COURT OF JUSTICE DISTRICT COURT

DIVISION 14 JA 43

In Re Juvenile: Burnette, K. D/O/B: 05/28/2006

To: Denna Owen Burgess, Transylvania County, NC. 

Take notice that a petition seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows:

Adjudication & Disposition regarding the above minor children subject to this action, regarding their custody and guardianship with relatives. You are required to make defense to such pleading no later than March 9, 2017 and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.

This the 9th of February, 2017

David A. Wijewickrama Attorney

Trans. Co. Dept. of Social Services

106 East Morgan

Street Brevard, NC 28712

Telephone: 828-884-3174

T/2/9/3TC-64550

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 110

NOTICE OF SERVICE OF PROCESS BY

PUBLICATION

COUNTY OF Transylvania, A Body Politic and Corporate, Plaintiff

vs.

UNKNOWN HEIRS OF CHARLES H. FARRIS; and UNKNOWN HEIRS OF SARAH ANN FARRIS A/K/A ANNE OWENS FARRIS, Owners, Defendants

To:

Unknown Heirs of Charles H. Farris

Last Known Address:

30 L Henton Lodge King Street

Brevard, NC 28712

AND

Unknown Heirs of Sarah Ann Farris a/k/a Anne Owens Farris

Last Known Address:

30 L Henton Lodge King Street

Brevard, NC 28712

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action in the County of Transylvania, and notice of service of process by publication begins on January 26, 2017.

The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property (Parcel ID # 8586-24-5082-000, known as Whitmire Ext., described through legal description at Deed Book 173 at Page 499 of the Transylvania County Registry, which is more completely described in the Complaint. Plaintiff seeks to extinguish any and all claim or interest that you may have in the property.

You are required to defend such pleading no later than forty (40) days after the date of the first Publication of Notice stated above, exclusive of such date, being forty days after January 26, 2017, which is March 7, 2017, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought.

THIS the 18th day of January, 2017.

ROBERTS & STEVENS, P. A.

__/s/ V. Morgan Bryant___

V. Morgan Bryant

Attorney for Plaintiff

P.O. Box 7647

Asheville, NC 28802

Telephone: (828)252-6600

Facsimile: (828)210-6554

N.C. Bar No.:46677

T1/26/3TC-64409

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NOTICE OF

FORECLOSURE SALE

16 SP 86

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Charles E. Finkel to Trste, Inc., Trustee(s), dated the 29th day of January, 2007, and recorded in Book DOC 412, Page 814, in Transylvania 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 Transylvania 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 Brevard, Transylvania County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on February 15, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Transylvania, North Carolina, and being more particularly described as follows:

The following real property situate in County of Transylvania and State of North Carolina, described as follows: Being all of Lot 19 of Joshua Summit Subdivision of a portion of the property of S. W. Mann, Trustee, as shown on a plat thereof recorded in Plat File 2, Slides 363-363B, Records of Plats for Transylvania County. Together with improvements located thereon; said property being located at Lot 19 Joshua Road, Rosman, North Carolina. There is also conveyed hereby a right of way to the private road known as Sagar Road over and along the road rights of way shown on the recorded plat hereinabove referred to and also over and along the private road which currently extends from Joshua Summit Subdivision to Sagar Road, and there is also conveyed hereby a road right of way over and along Sagar Road to the public road, both of said rights 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 all others entitles to the use thereof, with it being understood and agreed that the use of the road rights of way herein conveyed shall be subject to all of the terms of a Road Right of Way Agreement, recorded in Book 258, Page 569, and Book 260, Page 588, Records of Deeds of Transylvania County.

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 party must pay the excise tax, as well as the court costs 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. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, 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.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

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 foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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.

SUBSTITUTE TRUSTEE SERVICES, INC.

SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

Phone No: (910) 864-3068

https://sales.hutchenslafirm.com

Case No: 1193244 (FC.FAY)

T/2/2/2TC-64475

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 17-E-18

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Personal Representatives of the Estate of Huntley L. Middleton of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Huntley L. Middleton to present them to the undersigned on or before May 3, 2017, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 2nd day of February, 2017.

Charles G. Middleton, III, Co-Personal Representative

Cathy Reagan, Co-Personal Representative

c/o Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

ATTORNEY:

Michael K. Pratt

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

828-884-4113

T/2/2/4TC-64504

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-5

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as ANCILLARY ADMINISTRATOR of the Estate of JOSEPH BUTLER STEVENS, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of JOSEPH BUTLER STEVENS to present them to the undersigned on or before April 20, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate, please make immediate payment.

This the 19th day of January, 2017.

Amy Rebecca Stevens Plourde

400 Trailblazer Dr., Apt 6

Travelers Rest, SC 29690

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

T/1/19/4TC-64322

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E07

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Russell Wert Alexander of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Russell Wert Alexander to present them to the undersigned on or before April 20, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 19, 2017.

Carol Summey

54 Evergreen Street

Brevard, NC 28712

T/1/19/4TP-64364

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E14

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of William Bennett Gibbs of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of William Bennett Gibbs to present them to the undersigned on or before May 10, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 9, 2017.

John Lawton Winston

481 Richland Ridge Road

Lake Toxaway, NC 28747

T/2/9/4TP-64537

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO .: 16-SP-105

NOTICE OF

FORECLOSURE SALE

IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF JOSEPH KEOUGH, INC.

Mortgagor to

BRIAN P. PHILIPS, Trustee and

ROBERT L. HURD, Widower and

PERRY R. RAXTER, Noteholders as recorded in

BOOK 357, PAGE 63.

UNDER AND BY VIRTUE of a Power of Sale contained in that certain Deed of Trust executed by Joseph Keough, Inc. to Brian P. Philips, Trustee, which was dated June 23, 2006 and recorded on June 30, 2006 in Book 356, Page 64, Transylvania County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Donald H. Barton, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on February 24, 2017 at 10:30 a.m. and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:

Lying and being Hogback Township, Transylvania County, North Carolina and described as follows:

BEING all of the 5.26 +/- acres as more particularly described on a plat of a survey for “Robert L. Hurd and Perry R. Raxter and wife, Helen Y. Raxter” prepared by E. Roger Raxter, PLS, Drawing No. 90011E and recorded in Plat File 11, Slide 810, Records of Plats for Transylvania County, North Carolina.

Said property is commonly known as PIN 8532-86-7898.

Subject to all easements and other matters shown on the recorded plat hereinabove referred to, to all rights of way of all utility lines which may currently traverse the property and to all rights of way for utility lines which may currently appear of record.

Save and except any releases, deeds of release or prior conveyances of record.

A cash deposit (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. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “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 is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Joseph Keough, Inc.

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 by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination (NCGS A§ 45-21.16A (b)(2). 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.

If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in his sole discretion, if he believes the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

This the 9th day of December, 2016.

DONALD H. BARTON

Attorney for the Petitioners

State Bar # 7598

158 East Main Street

Post Office 1209

Brevard, NC 28712

(828) 883-4020 Telephone

(828) 885-2835 Telefax

T/2/9/2TC-64538

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STATE OF

North CAROLINA

COUNTY OF

Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 17-E-17

EXECUTOR’S –

ADMINISTRATOR’S NOTICE

Having qualified as Personal Representatives of the Estate of Mary Jane L. Peabody of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Mary Jane L. Peabody to present them to the undersigned on or before May 3, 2017, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 2nd day of February, 2017.

Edwin G. Middleton, Jr., Co-Personal Representative

Charles G. Middleton, III, Co-Personal Representative

c/o Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

ATTORNEY:

Michael K. Pratt

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

828-884-4113

T/2/2/4TC-64506

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-16

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Mildred Elizabeth Norton, f/k/a Mildred Elizabeth Norton Powell of Transyl-vania County, North Carolina, this is to notify all persons having claim against the Estate of Estate of Mildred Elizabeth Norton, f/k/a Mildred Elizabeth Norton Powell to present them to the undersigned on or before April 26, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 26th day of January, 2017.

Elise Powell Keever, Exec.

PO Box 562

Penrose, NC 28766

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

T/1/26/4TC-64461

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STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

File No: 17-E-19

EXECUTOR’S – ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of William Kinzer Hurt of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of William Kinzer Hurt to present them to the undersigned on or before May 2, 2017 or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 2nd day of February, 2017.

William Kinzer Hurt, Jr., Exec.

2652 Lake Shore Drive

Orlando, FL 32803

Attorney:

The Neumann Law Firm, PLLC

David C. Neumann, Atty.

9 Park Place West, Ste. 102

Brevard, NC 28712

828-884-6575

#13630

T/2/2/4TC-64502

 
 

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