Entries by Matt Gardner

Pamela Smith Dice and Melissa Joan Williamson has petitioned for to be appointed Administrators of the estate of NORMA VIRGINIA SMITH, deceased, of said County. (The petitioners have 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 April 11 at 11:00 a.m., 2012. All pleadings/objections must be signed before a notary public or before a probate court clerk and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be (scheduled at a late date). If no objections are filed, the petition may be granted without a hearing.
DIANE HALLMAN
PROBATE JUDGE
By Gretchen Johnson
Probate Clerk/Deputy Clerk
36 S. Main Street
Baxley, GA 31513
912-367-8114
4-11, 4-18, 4-25 & 5-5

All creditors of the Estate of F. D. Hutcheson, deceased, late of Appling County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the estate.
This 29 day of March 2012.
MARTHA HUTCHESON, EXECUTRIX
OF THE LAST WILL AND TESTAMENT
OF F. D. HUTCHESON, DECEASED
c/o E. PRESTON JOHNSON, JR.
ATTORNEY AT LAW
P. O. BOX 304
BAXLEY, GA 31515
4-11, 4-18, 4-25 & 5-2ch

All creditors of the estate of William Warren Harvey, deceased, late of Appling County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This 27th day of February, 2012.
Alan W. Harvey, Co-Administrator
Sonya H. Snow, Co-Administrator
Estate of William Warren Harvey
10 Alan Harvey Drive
Odum, GA 31555
J. ALEXANDER JOHNSON, P.C.
132 W. Parker Street
Baxley, Georgia 31513
912-366-9000
4-4, 4-11, 4-18 & 4-25ch

BONNIE LEA CRUZ
Plaintiff
VS.
DAVID CRUZ
NOTICE OF SUMMONS
TO: DAVID CRUZ, DEFENDANT named above:
You are hereby notified that the above styled action for divorce was filed against you in said Court on the 3rd day of April, 2012, and that by reason of an Order for Service by publication entered by the Court on the 29th day of March, 2012, you are hereby commanded and required to file with the Clerk of said Court and serve upon Frank Gonzalez, Plaintiff's attorney, whose address is P. O. Box 390, Alma, Georgia 31510, an answer to the complaint within sixty (60) days of the date of the Order for Service by Publication.
WITNESS, the Judge, Appling County Superior Court.
This 3rd day of April, 2012.
Lillie Burkett, Deputy Clerk,
Appling County Superior Court
FRANK GONZALEZ
ATTORNEY FOR PLAINTIFF
P. O. BOX 390
ALMA, GA 31510
(912) 632-7007
4-11, 4-18, 25 and 5-2ch

FILED IN THIS OFFICE
APRIL 20, 2012
F. FLOYD HUNTER
APPLING COUNTY CLERK OF COURT
CIVIL ACTION#12-4-217C
David Horne, John W. Waters, Ronnie Haire, as Co-Administrators of the W. L. Haire Estate and as Individual’s Petitioners,
VS.
Todd Bishop, Amanda Bishop Curry, Linda Gail Magruder, James David Leonard Haire, Michael Allen Haire, Richard Steven Haire, Robert Haire, Ronnie Haire, Cheryl Horne, Clay Horne, David Horne, Eddie Horne, Howard Horne, Laura Waters Jaloli, Karen Waters Jarocki, Carla Horne Mellott, Kelly Waters Rodgers, Brian Waters, Jim Waters, John Wayne Waters, Mike Waters, Wendy Haire Woodard and unknown heirs
And ALL OTHER PERSONS “WHOM IT MAY CONCERN,”
Defendants.
PUBLICATION
TO: Michael Allen Haire and Unknown heirs
You are hereby notified that the above styled action seeking to sell the below described property was filed on the 20th day of April, 2012, in the Superior Court of Appling County, Georgia, Brunswick Judicial Circuit, and that by reason of order for service by publication entered by said court on the 20th day of April, 2012, you are hereby commanded to be and appear at said court within 30 days of the date of the order for service by publication to answer said petition and file pleading before the court. See Description of property attached below.
WITNESS the Honorable E. M. Wilkes, III, judge of said court.
This the 20th day of April, 2012.
F. Floyd Hunter
Appling County Clerk of Court
Property Description
All that tract or parcel of land lying and being in the Fourth Land District of Appling County, Georgia, consisting of 221.654 acres, more or less, of Lot of Land No. 153-154-170, being more particularly described as Tract 1, according to the courses, metes and bounds of that certain survey and plat thereof for W. L. Haire, Estate, by Harry A. Strickland, GRLS #2409, dated 2-28-2009, and recorded in Plat Book 19, Page 215, in the office of the Clerk of Superior Court, Appling County, Georgia.
All that tract or parcel of land lying and being in the Fourth Land District of Appling County, Georgia, consisting of 110.486 acres, more or less, Land Lot No. 123, being bound, now or formally, as follows: North by lands of James Thornton and Ephesus Church of God, East by lands of Highway 15, South by lands of John Anderson and West by lands of Rayonier more particularly described according to the courses, metes and bounds of that certain survey and plat thereof for W. L. Haire Estate, By Harry A. Strickland, GRLS #2409, dated 9-12-2008, and recorded in Plat Book 19, Page 137, in the office of the Clerk of Superior Court, Appling County, Georgia. Said plat by hereby being made a part here of for all purposes.
All that tract or parcel of land lying and being in the Fourth Land District of Appling County, Georgia, consisting of 53.512 acres, more or less, Land Lot Nos. 123, 124 and 153 being bound, now or formally, as follows; North by lands of Long Branch Road, West by lands of Highway 15, South by lands of John Anderson and South East by lands of J.W. Boyette more particularly described according to the courses, metes and bounds of that certain survey and plat thereof for W. L. Haire Estate by Harry A. Strickland, GRLS #2409, dated 9-12-2008, and recorded in Plat Book 19, page 137, in the office of the clerk of Superior Court, Appling County, Georgia. Said plat by hereby being made a part here of for all purposes.
All that tract or parcel of land lying and being in the Fourth Land District of Appling County, Georgia, consisting of 21.639 acres, more or less, Land Lot No. 123 being bound, now or formally, as follows; North by lands of Henry Kennedy, Melissa Gray and Margaret Rewis, West by lands of Highway 15, South by lands of Long Branch Road, and East by lands of J. W. Boyette more particularly described according to the courses, metes, and bounds of that certain survey and plat thereof for W. L. Haire Estate, by Harry A. Strickland, GRLS#2409, dated 9-12-2008, and recorded in Plat Book 19, page 137, in the office of the Clerk of Superior Court, Appling County, Georgia. Said plat by hereby being made a part here of for all purposes.
4-25, 5-2, 5-9 & 5-16ch

Under and by virtue of the Power of Sale contained in a Security Deed given by Perry Underhill, Jr. and Shirley A Underhill to Bank of America, N.A., dated October 21, 2004, recorded in Deed Book 396, Page 386, Appling County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-NINE THOUSAND AND 0/100 DOLLARS ($129,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Appling County, Georgia within the legal hours of sale on the first Tuesday in May, 2012, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed 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 Security Deed. 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 Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, N.A., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5100. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Perry Underhill, Jr. and Shirley A Underhill or a tenant or tenants and said property is more commonly known as 195 Heath Street, Baxley, Georgia 31513. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. This law firm is seeking solely to foreclose the creditor?s lien on real estate and this law firm will not be seeking a personal money judgment against you.
Bank of America, N.A.
as Attorney in Fact for Perry Underhill, Jr. and Shirley A Underhill
McCalla Raymer, LLC 1544
Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mga 5/1/12
Our file no. 5156012-FT11
EXHIBIT "A" All that tract or parcel of land lying and being in Land Lot No. 244 of the 2nd Land District of Appling County, Georgia, consisting of 0.918 acre, more or less, and being bounded, now or formerly, as follows: North and East by lands of Kathy Atkins; South by the Northern right-of-way of Heath Street; and West by the Eastern right-of-way of Alicia Street. For a more particular description reference is hereby made to a survey and plat thereof prepared by Denean W. Dixon and Associates, certified by Denean W. Dixon, G.R.L.S. No. 1647, dated October 7, 2002, recorded in Plat Book 16, Page 243, of the records of the Clerk of Superior Court of Appling County, Georgia, and incorporated herein for a more full and complete description and all other legal purposes. This being the same and identical property conveyed from Katherine C. Atkins to Medders Construction Company, Inc. by deed dated October 25, 2002, recorded in Deed Book 367, Page 114 of the records of the Clerk of Superior Court of Appling County, Georgia.
MR/mga 5/1/12
Our file no. 5156012 - FT11
4-4, 4-11, 4-18 & 4-25ch

By virtue of the Power of Sale contained in the Deed to Secure Debt from MARK S. POSTLETHWAIT to FNB South, dated December 30, 2003 recorded in Deed Book 385, pages 244-250, Clerk?s Office, Appling County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door at Appling County, Georgia, within the legal hours of sale on the first Tuesday in May, 2012, the following described property:
All that tract or parcel of land lying and being in Land Lot No. 332 of the Second Land District of Appling County, Georgia, in the City of Baxley, consisting of 2.811 acres, more or less and being more particularly described on that certain survey and plat thereof prepared by Merlin J. Tomberlin, GRLS No. 2477, dated November 18, 2003, recorded in Plat Book 16, Page 480, in the Office of the Clerk of Superior Court of Appling County, Georgia, incorporated herein for all purposes.
This being a portion of the property conveyed to B.W. Sapp and James Lott by deed from Clint?s Outerwear, Inc. dated April 11, 1996 recorded in Deed Book 292, Page 388, in the Office of the Clerk of Superior Court of Appling County, Georgia.
Property address: 75 Industrial Drive, Baxley, GA 31513
Map and Parcel # D004-041
Said Deed to Secure Debt having been given to secure a note dated December 30, 2003 in the original principal amount of $360,168.00 with interest from date at the rate as specified therein with interest from date at the rate as specified therein.
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 in accordance with the terms of said notes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of the sale, including attorney(s fees.
To the best of the undersigned(s knowledge, the party in possession of the subject property is: Mark Postlethwait
The above described property will be sold subject to unpaid state, county and city taxes to the highest bidder for cash and the proceeds will be applied to said indebtedness and the lawful expenses of said sale as provided in said security deed and a conveyance will be made to the purchaser at the sale as authorized by said security deed.
Debtor should contact FNB South, P.O. Box Drawer 2028, Alma, 31510 Georgia, phone # 912-632-7262, as to any negotiations, amendments or modification of the above stated Note.
This the 28th day of March, 2012.
FNB South as
Attorney-in-Fact for Mark Postlethwait
P.O. Box 2028
Alma, GA 31510
912-632-7260
Jerome Adams
Attorney at Law
P. O. Box 1005
Douglas, GA 3l534
(912)384-7109
4-4, 4-11, 4-18 & 4-25ch

Child(ren) under the age of 17 years Case No.:
NOTICE OF SUMMONS
TO WHOM IT MAY CONCERN and KELLEY CARTER, believed to be a parent of the minor children K.D.M. AND M.O.M:
You are hereby notified that the above-styled action which seeks the termination of the parental rights of KELLEY CARTER, as to the minor children, K.D.M and M.O.M., was filed against you in said Court on the 24 day of January 2012, and that you are hereby COMMANDED AND REQUIRED to appear before the Superior Court of Appling County, Georgia, in Baxley, Georgia, on the 8 day of May, 2012, at 9:30 o'clock, a.m. Order requested shall be to terminate the parental rights and obligations of KELLEY CARTER, with respect to the minor children, K.D.M. and M.O.M., and of the child to them arising out of the parental relationship, including rights of inheritance.
WITNESS, the Honorable E.M. Wilkes, III, Judge, Appling County Superior Court.
This the 24 day of February 2012.
3-28, 4-4, 4-11 & 4-18ch

NOTICE TO DEBTORS AND CREDITORS
All creditors of the estate of MARSHALL H. SELLERS, deceased, late of Appling County, Georgia, are hereby required to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
SONJA M. SELLERS
ADMINISTRATOR OF ESTATE
1070 TALBOT AVENUE
JACKSONVILLE, FL 32205
Tele: 904-387-1940
3-28, 4-4, 4-11 & 4-18pd

Because of a default in the payment of the indebtedness secured by a Security Deed executed by Charles M. Harris to Mortgage Electronic Registration Systems, Inc. dated February 28, 2005, and recorded in Deed Book 401, Page 184, Appling County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment, securing a Note in the original principal amount of $81,748.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, May 1, 2012, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, a portion of Original Land District of Appling County, Georgia, a portion of Original Land Lot No. 284, consisting of Subdivision Lot No. 2, Block A, of what is known as the "Ed White" Subdivision, a plat of which is of record on Plat Book 6, Page 94, Appling County Deed Records, and said lot being bound and now or formerly as follows: Northwesterly, Northeasterly and Southwesterly by lands of Gerald Jackson; and Southeasterly by the City Circle Road. Said lot being more fully described as follows: Commencing at a point on the Northerly right-of-way line of City Circle Road, which point is located North 58 degrees 00 minutes East a distance of 500 feet from the point of intersection of the Northwesterly right-of-way line of City Circle Road with the Easterly right-of-way line of State Highway 15 and from said Point of Commencement, run North 21 degrees 00 minutes West a distance of 154 feet; thence run North 59 degrees 45 minutes East a distance of 83 feet; thence run South 39 degrees 00 minutes East a distance of 148 feet to the Northerly right-of-way line of City Circle Road; thence South 58 degrees 00 minutes West along the Northerly right-of-way line of City Circle Road for a distance of 118 feet to the Point of Beginning.
This description according to a survey and plat thereof by Merlin J. Tomberlin, Appling County Surveyor, dated March 16, 1977, a copy of which plat is recorded in Plat Book 8, Page 213, Appling County Deed Records, incorporated herein for all purposes.
This being the same property conveyed from Robert T. Carter and Lynn S. Carter to Rogelio C. Poblete and Leticia Q. Poblete by survivorship deed dated April 1, 1983, recorded in Deed Book 203, Page 102, Appling County Deed Records, the said Rogelio C. Poblete now being deceased.
Said property is known as 1834 City Circle Road, Baxley, GA 31513, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney's fees in accordance with the terms of the Note secured by said Deed.
The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Charles M. Harris or a tenant or tenants. The proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Wells Fargo Bank, N.A. as Attorney-in-Fact for Charles M. Harris
File no. 06-2060
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Duke Building, Suite 100
Atlanta, GA 30341-3941
(770)220-2535/AB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
2-4, 2-11, 2-18 & 2-25ch

Under and by virtue of the Power of Sale contained in a Security Deed given by RONNIE L. CARTER to BAXLEY FEDERAL BANK, dated May 23, 2001, recorded in Deed Book 347, Page 453 and assigned by Assignment recorded in Deed Book 477, Pages 690-699, Appling County, Georgia Records, conveying the after-described property to secure a Note in the amount of Forty-Four Thousand Dollars and 00/100 ($44,000.00) with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Appling County, Georgia, within the legal hours of sale on the first Tuesday in May, 2012 the following described property:
TRACT 1: All that tract or parcel of land lying and being in the Second Land District, portion of Land Lot No. 331 of Baxley, Appling County, Georgia, and being described as follows: Beginning at a point South 89 degrees 25 minutes East a distance of 100 feet from the north right of way intersection of Robin Street with the east right of way intersection of Dunn Street; thence running from said point of beginning North 3 degrees 02 minutes West along the east property line of John Pearson for a distance of 144.5 feet; thence running South 10 degrees 50 minutes East a distance of 147.12 feet to the north right of way of Robin Street; thence running North 89 degrees 25 minutes West along the north right of way of Robin Street for a distance of 20 feet to the point of beginning. The above tract of land being triangular in shape and being bound: North and East by other property of Ronnie L. Carter; South by Robin Street; and West by property of John Pearson. Reference made to a survey by Merlin J. Tomberlin, Surveyor, dated March 17, 1980, for a full and more accurate description.
TRACT 2: All that certain tract or parcel of land situate, lying and being in the Second Land District of Appling County, Georgia, and being more particularly described as Land Lot No. 331. Beginning at a point on the north side of Robin Street. This point being 120 feet from the northeast intersection of Robin Street and an un-named street. Thence running from the point of beginning North 10 degrees 00 minutes West for a distance of 144.5 feet. Thence running South 87 degrees 28 minutes East for a distance of 83 feet. Thence running South 17 degrees 00 minutes East for a distance of 145 feet. Thence running North 89 degrees 00 minutes West along the north side of Robin Street for a distance of 100 feet to the point of beginning. Being bounded, now or formerly, as follows: On the North, East, and West by property of J. P. Morris, and on the South by Robin Street.
The debt secured by said Security Deed 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 Security Deed. 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 said Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Pursuant to O. C. G. A. §44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above described mortgage is as follows: BANK OF THE OZARKS, 17901CHENAL PARKWAY, LITTLE ROCK, ARKANSAS 72223 Telephone: 678-450-8550. The foregoing notwithstanding, nothing in O. C. G. A.§44-14-162.2 shall be construed to require BANK OF THE OZARKS to negotiate, amend or modify the terms of the Deed to Secure Debt described herein..
To the best knowledge and belief of the undersigned, the party in possession of the property is RONNIE L. CARTER or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
This the 23rd day of March, 2012.
BANK OF THE OZARKS, AS SUCCESSOR IN INTEREST TO, AND ASSIGNEE OF, THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF THE PARK AVENUE BANK, VALDOSTA, GEORGIA SUCCESSOR BY MERGER WITH BAXLEY FEDERAL BANK AS ATTORNEY IN FACT FOR RONNIE L. CARTER
DAVID M. WOLFSON, P.C.
Attorney at Law
1010 Williams Street
Valdosta, GA 31601
(229) 257-0080
State Bar No: 773395
4-4, 4-11, 4-18 & 4-25ch

Pamela Smith Dice and Melissa Joan Williamson has petitioned for to be appointed Administrators of the estate of NORMA VIRGINIA SMITH, deceased, of said County. (The petitioners have 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 April 11 at 11:00 a.m., 2012. All pleadings/objections must be signed before a notary public or before a probate court clerk and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be (scheduled at a late date). If no objections are filed, the petition may be granted without a hearing.
DIANE HALLMAN
PROBATE JUDGE
By Gretchen Johnson
Probate Clerk/Deputy Clerk
36 S. Main Street
Baxley, GA 31513
912-367-8114
4-11, 4-18, 4-25 & 5-5

All creditors of the Estate of F. D. Hutcheson, deceased, late of Appling County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the estate.
This 29 day of March 2012.
MARTHA HUTCHESON, EXECUTRIX
OF THE LAST WILL AND TESTAMENT
OF F. D. HUTCHESON, DECEASED
c/o E. PRESTON JOHNSON, JR.
ATTORNEY AT LAW
P. O. BOX 304
BAXLEY, GA 31515
4-11, 4-18, 4-25 & 5-2ch