Legal Notices
Published 9:02 am Thursday, April 12, 2018
PUBLIC NOTICE
The Individuals with Disabilities Education Act (IDEA-Part B, Public Law 108.446) Project is presently being amended. The Project describes the special education programs that Davie County Schools proposes for Federal funding for the 2018-2019 school year. Interested persons are encouraged to review amendments to the Project and make comments concerning the implementation of special education under this Federal Program. All comments will be considered prior to submission of the amended Project to the North Carolina Department of Public Instruction in Raleigh, North Carolina. The IDEA-Part B Project is open to the public for review and comments during the week of May 21-25, 2018 in the office of Jennifer Custer, Director of Exceptional Children, located at Central Davie Education Center, 220 Martin Luther King, Jr Road, Mocksville, NC 27028.
Publish: April 5,12
17 SP 52
NOTICE OF
FORECLOSURE SALE
NORTH CAROLINA,
DAVIE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Michael Coffey and Ruth Coffey to Fidelity National Title Insurance Company, Trustee(s), which was dated February 3, 2011 and recorded on February 14, 2011 in Book 852 at Page 264, Davie County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, 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 April 19, 2018 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Davie County, North Carolina, to wit:
ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN DAVIE COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING KNOWN AND DESIGNATED AS LOT NO. 205 AS SHOWN ON THE PLAT OF KINDERTON VILLAGE PHASE 1G-2, AS RECORDED IN PLAT BOOK 8, PAGE 86, DAVIE COUNTY REGISTRY.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 124 North Forke Drive, Bermuda Run, NC 27006.
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 All Lawful Heirs of Ruth Coffey.
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 § 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 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.
Trustee Services
of Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 16-07669-FC01
Publish: April 5,12
17 SP 64
AMENDED NOTICE OF FORECLOSURE SALE
NORTH CAROLINA,
DAVIE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Frank P. Roberts to Gary L. Lackey, Trustee(s), which was dated April 25, 2003 and recorded on May 25, 2003 in Book 481 at Page 650 and rerecorded/modified/corrected on July 11, 2016 in Book 01023, Page 0434, Davie County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, 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 April 19, 2018 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Davie County, North Carolina, to wit:
BEGINNING AT AN EXISTING IRON PIN LOCATED IN THE SOUTHERN RIGHTOF WAY MARGIN OF SHADYBROOK ROAD, THE NORTHEAST CORNER OF LOT 8 AND THE NORTHWEST CORNER OF LOT 9, HICKORY HILL GOLF & COUNTRY CLUB AS SHOWN ON PLATS RECORDED IN PLAT BOOK 4, PAGES 105-107, DAVIE COUNTY REGISTRY; AND RUNS THENCE FROM SAID POINT OF BEGINNING WITH THE SOUTHERN RIGHT OF WAY MARGIN OF SHADYBROOK ROAD, SOUTH 63 DEGREES, 02 MINUTES, 45 SECONDS EAST 59.91 FEET TO A POINT; THENCE CONTINUING WITH THE SOUTHERN RIGHT OF WAY MARGIN OF SHADYBROOK ROAD, SOUTH 70 DEGREES, 04 MINUTES, 52 SECONDS EAST WITH A RADIUS OF 281.48 FEET FOR A CHORD DISTANCE OF 61.51 FEET TO AN EXISTING IRON PIN; THENCE WITH A NEW LINE OF LOT 10, SOUTH 00 DEGREES, 13 MINUTES, 12 SECONDS EAST 137.34 FEET TO A POINT NORTH OF A POWER POLE, THE ORIGINAL SOUTHEAST CORNER OF LOT 9 AND THE ORIGINAL SOUTHWEST CORNER OF LOT 10; RUNS THENCE WITH THE LINE OF LOT 13 AND LOT 14, SOUTH 75 DEGREES, 32 MINUTES, 40 SECONDS WEST 200.00 FEET TO A POWER POLE LOCATED IN THE COMMON CORNER OF LOT 15 AND LOT 14; RUNS THENCE WITH THE EASTERN LINE OF LOT 8, NORTH 19 DEGREES, 11 MINUTES, 15 SECONDS EAST 249.22 FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING 0.6462 ACRES, MORE OR LESS, ACCORDING TO A SURVEY PREPARED BY GRADY L. TUTTEROW, RLS, DATED 06/22/87 AND BEING KNOWN AND DESIGNATED AS LOT 9 AND A TRIANGULAR PORTION OF LOT 10 BLOCK D HICKORY HILL GOLF AND COUNTRY CLUB, MAP 1 SECTION 1 PLAT BOOK 4, PAGE 105, DAVIE COUNTY REGISTRY
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 117 Shadybrook Road, Mocksville, NC 27028.
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 Frank P. Roberts.
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 § 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 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.
Trustee Services
of Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 17-06105-FC01
Publish: April 5,12
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Executrix of the Estate of Mamie Toomes Kearns, late of Davie County, this is to notify all persons, firms and corporations having claims against said estate to present written claim to the undersigned on or before June 22nd, 2018 (being three [3] months from the first day of publication of this notice), or this notice will be pleaded in bar of their recovery. All persons, firms, and corporations indebted to said estate will please make immediate payment to the undersigned.
This the 22nd day of March, 2018.
Carol Ann M. Woodard,
Executrix of the Estate
of Mamie Toomes Kearns
c/o Brian F. Williams,
Attorney at Law
MARTIN & VAN HOY, LLP
10 Court Square
Mocksville, NC 27028
Publish: March 22,29, April 5,12
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of ANTHONY STEPHEN DYSON, deceased, of Davie County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before the 22nd day of June, 2018, being three months from the first day of publication of this notice, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the undersigned.
This the 22nd day of March, 2018
Teresa Ann Hurley
552 Frank Short Road
Mocksville, NC 27028
Piedmont Legal Associates, PA
Lynne Hicks,
Attorney for Estate
NC Bar# 011125
124 West Depot Street
Mocksville, NC 27028
(336) 751-3312
Publish: March 22,29, April 5,12
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of Joyce Rosamond Johnson, deceased, late of Davie County, North Carolina, this is to notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to Ms. Sherry Dechert, Executrix, c/o George A. “Trip” Payne, Esq., Kasper & Payne, P.A., P.O. Box 687, 3626 Clemmons Road, Clemmons, NC 27012, on or before the 6th day of July, 2018, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.
This the 28th day of March, 2018
Sherry Dechert, Executrix
Attorney George A. “Trip” Payne
Kasper & Payne, P.A.
P.O. Box 687
3626 Clemmons Road,
Clemmons, NC 27012
Publish: March 29, April 5,12,19
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
HAVING QUALIFIED as Co-Executors of the Estate of RICHARD W. SMOLOWE, late of Davie County, this is to notify all persons, firms and corporations having claims against said Estate to present written claim to the undersigned on or before June 29, 2018, (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said Estate will please make immediate payment to the undersigned.
This the 22ND day of March, 2018.
ALAN W. SMOLOWE
245 ASHBOURNE COURT
CLEMMONS, NC 27012
JILL SMOLOWE
2 FERNCLIFF TERRACE
MONTCLAIR, NJ 07042
JONATHAN SMOLOWE
559 PONDVIEW ROAD
RYDAL, PA 19046
MARTIN & VAN HOY, LLP
Attorneys at Law
10 Court Square
Mocksville, NC 27028
Publish: March 29, April 5,12,19
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
The undersigned, having qualified as Co-Executrices of the Estate of the late HERMAN S. BOGER of Davie County, hereby notifies all persons, firms, and corporations having claims against said estate to present them to the undersigned on or before June 29, 2018 (being three [3] months from the first day of publication of this notice) or this notice will be pleaded in bar of their recovery. All persons, firms, and corporations indebted to said estate will please make immediate payment to the undersigned.
This the 29th day of March, 2018.
SHAWN V. BOGER,
CO-EXECUTRIX
505 Virginia Drive
Yadkinville, NC 27055
SHEREE I. HATFIELD,
CO-EXECUTRIX
687 Woodland Avenue SE
Atlanta, GA 30316
WADE H. LEONARD, JR.
Attorney at Law
34 Court Square
Mocksville, NC 27028
Publish: March 29, April 5,12,19
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of Sharon Ann Denton (Sharon A. Denton) deceased, late of Davie County, North Carolina, this is to notify all persons, firms, corporations and others having claims against the Estate of said deceased to exhibit them to the undersigned at 3400 Healy Drive, Ste. 100, Winston-Salem, North Carolina 27103, on or before the 29th day of June, 2018 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 29th day of March, 2018.
WILLIAM J. DENTON
Administrator of the Estate
of Sharon Ann Denton
Jack E. Thornton, Jr.
J. E. Thornton, P.A.
3400 Healy Drive, Ste. 100
Winston-Salem, NC 27103
Publish: March 29, April 5,12,19
NOTICE OF PROCEEDING
AND SERVICE
OF PROCESS
BY PUBLICATION
PUBLIC HEARING
STATE OF NORTH CAROLINA
COUNTY OF DAVIE
IN THE GENERAL COURT
OF JUSTICE
DISTRICT COURT DIVISION
FILE NO.: 17CVD374
In Re:
Francis S. Parent, Plaintiff
v. Brian E. Parent, Defendant
To: Brian E. Parent,
Defendant
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 as follows: Plaintiff is seeking judgment of Absolute Divorce
You are required to make defense to such pleading not later than Thursday, May 10, 2018, which is 40 days from the first publication of this notice. Upon your failure to file a responsive pleading the party seeking relief against you will apply to the Court for the relief herein sought.
This the 23rd day of March, 2018.
Jon W. Welborn,
Attorney for Plaintiff
NC State Bar No. 34281
PO Box 460
300 S Main St
Mocksville NC 27028
Telephone: 336 751 0207
Publish: March 29, April 5,12
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of DAVID DANIEL MOTLEY, deceased, late of Davie County, North Carolina, this is to notify all persons, firms, corporations and others having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 29th day of June, 2018 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 29th day of March, 2018.
Lisa Bryant Motley,
Administrator of the Estate
of David Daniel Motley
866 Farmington Road,
Mocksville, NC 27028
Publish: March 29, April 5,12,19
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executor of the Estate of ARTHUR C. RATLEDGE, JR., deceased, late of Davie County, North Carolina, this is to notify all persons, firms, corporations and others having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 5th day of July, 2018 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 5th day of April, 2018.
Aushante Melendez,
Executor of the Estate
of Arthur C. Ratledge, Jr.
4402 Hwy. 801 N.,
Mocksville, NC 27028
Publish: April 5,12,19,26
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Co-Executors of the Estate of KAY FRANCES DRUM, (a/k/a Kay F. Drum; Kay Safley Drum), deceased, late of Davie County, North Carolina, this is to notify all persons, firms, corporations and others having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 5th day of July, 2018 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 5th day of April, 2018.
James D. Williams
Co-Executor of the Estate
236 Bonkin Lake Road,
Mocksville, NC 27028
Robert D. Rogers,
Co-Executor of the Estate
569 Sheffield Road
Mocksville, NC 27028
Publish: April 5,12,19,26
NORTH CAROLINA
WAKE COUNTY
NOTICE TO CREDITORS
Having qualified as Administrator of the Estate of Dorothy Wallbrown, deceased, late of Wake County, North Carolina, this is to notify all persons, firms, corporations and others having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 5th day of July, 2018 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 5th day of April, 2018.
Hubert Witte,
Administrator of the Estate
Submit claims or payments to:
Robert Cansler, Esq.
PO Box 2122
Concord, NC 28026-2122
Publish: April 5,12,19,26
NOTICE OF SERVICE
BY PROCESS
BY PUBLICATION
IN THE GENERAL COURT
OF JUSTICE
DISTRICT COURT DIVISION
FILE NO. 17 CvD 207
NORTH CAROLINA
DAVIE COUNTY
Davie County, A Body Politic
and Corporate
vs.
Steven Caldwell Foster
TO: Steven Caldwell Foster
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 as follows:
Foreclosure sale to satisfy unpaid property taxes owing to Davie County on your interest in the property described as follows:
BEGINNING at an iron stake in Chaffin Street the northeast corner of Lot No. 4 and running thence East 86.4 feet to an iron stake; thence North 22 degs. East 61 feet to an iron stake; thence West 120.3 feet to an iron stake in Chaffin Street; thence South 2 degs. West with Chaffin Street to the BEGINNING CORNER and being Lot No. 3 in Map of J.A. Foster’s Lots, as surveyed and platted by A. L. Bowles. Surveyor on February 19, 1948.
Being all of that parcel described in a deed recorded in Book 120, Page 228.
Also being identified as Parcel ID# J5010A0013, Davie County Tax Office.
Address:
170 Williams Street,
Mocksville, NC 27028
Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the property be forever barred and foreclosed.
You are required to make defense to such pleading not later than May 23, 2018 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This day of March 26, 2018.
Richard J. Kania
Attorney for Plaintiff
600-A Centrepark Drive
Asheville, North Carolina 28805
(828) 252-8010
Publish: April 12,19,26
NORTH CAROLINA
DAVIE COUNTY
NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of WILLIAM ARTHUR MOORE, deceased, late of DAVIE County, North Carolina, this is to notify all persons, firms, corporations and others having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 12th day of July, 2018 or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.
This the 12th day of April, 2018.
Pamela M. Gray,
Executrix of the Estate
540 Rabbit Farm Trail
Advance, NC 27006
Publish: April 12,19,26; May 3