Legal Notices archives

Wednesday, July 27, 2016

15 SP 374
AMENDED NOTICE
OF FORECLOSURE SALE

NORTH CAROLINA,
WAYNE COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Mildred P. Bullock to National Title Network, Trustee(s), which was dated March 11, 2013 and recorded on March 13, 2013 in Book 3000 at Page 297, Wayne 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 August 4, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Wayne County, North Carolina, to wit:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF WAYNE, STATE OF North Carolina, AND IS DESCRIBED AS FOLLOWS:
BEING LOT NO. 26 OF KING COURT AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 18 IN THE WAYNE COUNTY REGISTRY.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 1505 King Drive, Goldsboro, NC 27530.
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 Mildred P. Bullock a/k/a Mildred S. Bullock.
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.: 15-17404-FC01

Legal #557
July 20, 27, 2016

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CITY OF GOLDSBORO
NOTICE OF SALE

Pursuant to the provisions of Title IX, Chapter 90, Section 90.06 of the Code of Ordinances of the City of Goldsboro, said City will offer for sale at public auction to the highest bidder the following abandoned/junked motor vehicles:
VEHICLES:
2007 PONTIAC GT
VIN: 1G2ZH58N274254832
1996 DODGE TRUCK
VIN: 3B7HC13Y0TG156265
1998 FORD EXPLOYER
VIN: 1FMZU35P5WUB88921
1994 CADILLAC DEVILLE
VIN: 1G6KD52B8RU316862
2000 CHEVROLET IMPALA
VIN: 2G1WF52E9Y9286178
1996 FORD EXPLOYER
VIN: 1FMDU34X5TUC46274
1999 DODGE TRUCK
VIN: 3B7HC13Z4XG242743
1997 GMC TRUCK
VIN: 1GTEC19R7VE530352
1998 FORD EXPLOYER
VIN: 1FMZU34E4WUA01233
2005 SUZUKI FORENZA
VIN: KL5JD56Z85K152380
1987 FORD TRUCK
VIN: 1FDNF60H4HVA49502
Said sale will be held at Barnes Auto Salvage, 970 HWY 222 East, Fremont, NC at 2:00 PM on August 10, 2016. The terms of the sale are as follows: Cash. The City reserves the right to reject any and all bids. For more information concerning the sale, please contact Kelly Best, Code Enforcement Officer, at
919- 580-4313.
Kelly Best
Code Enforcement Officer

Legal #548
July 27, 2016;
August 3, 2016

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LEGAL NOTICE
NOTICE TO CREDITORS
AND DEBTORS
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION
STATE OF NORTH CAROLINA
WAYNE COUNTY

Having qualified as Executrix of the estate of Glen B. Sparks, deceased, late of Wayne County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before October 28, 2016, or this Notice will be pled in bar of their recovery. All persons indebted to said estate please make immediate payment.
This the 21st day of July, 2016.
Signed
Rebecca B. Kinsey
PO Drawer 7
Goldsboro NC 27533

Legal #617
July 27, 2016;
August 3, 10, 17, 2016

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LEGAL NOTICE
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION

STATE OF NORTH CAROLINA
WAYNE COUNTY

Having qualified as Executor of the estate of Barbara H. Hatch, deceased, late of Wayne County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before October 14, 2016, or this Notice will be pled in bar of their recovery. All persons indebted to said estate please make immediate payment.
This the 8th day of July, 2016.
Rebecca B. Kinsey
PO Drawer 7
Goldsboro NC 27533

Legal #559
July 13, 20, 27, 2016;
August 3, 2016

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LEGAL NOTICE
NOTICE TO CREDITORS
AND DEBTORS
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION

STATE OF NORTH CAROLINA
WAYNE COUNTY

Having qualified as Executor of the estate of Lena Karen Lynch, deceased, late of Wayne County, North Carolina, this is to notify all persons having claims against said estate to present them to the undersigned on or before October 21, 2016, or this Notice will be pled in bar of their recovery. All persons indebted to said estate please make immediate payment.
This the 13th day of July, 2016.
Rebecca B. Kinsey
PO Drawer 7
Goldsboro NC 27533

Legal #585
July 20, 27, 2016
August 3, 10, 2016

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NOTICE
OF ADMINISTRATION

NORTH CAROLINA
WAYNE COUNTY

The undersigned having qualified as Executor of the estate of Elsie Casey Powell late deceased of said Wayne County, this to notify all persons having claims against the estate of said deceased to file them with the undersigned at 356 Casey Dairy Rd., Goldsboro, NC 27534, on or before the 20th day of October, 2016, or this notice will be pleaded in bar of their right to recover against said estate.
All persons indebted to said estate will please make immediate payment.
This the 20th day of July, 2016.
Alex Ralph Casey, Jr.
356 Casey Dairy Rd.
Goldsboro, NC, 27534
Legal #589
July 20, 27, 2016;
August 3, 10, 2016

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NOTICE OF
ADMINISTRATION

NORTH CAROLINA
WAYNE COUNTY

The undersigned, having qualified as Executor of the Estate of Carol Zealy Goss, late deceased of Wayne County, this is to notify all persons, firms, and corporations having claims against the estate of said deceased to file them with the undersigned c/o Tommy W. Jarrett, Dees, Smith, Powell, Jarrett, Dees & Jones, LLP, P.O. Drawer 8, 100 N. William Street, Goldsboro, NC 27533-0008, on or before the 14th day of October, 2016, or this notice will be pleaded in bar of their right to recover against said estate.
All persons indebted to said estate will please make immediate payment.
This the 13th day of July, 2016.
Charles Terry Goss, Jr.,
Executor of the Estate of
Carol Zealy Goss
c/o Tommy W. Jarrett
Attorney for Estate
Dees, Smith, Powell,
Jarrett, Dees & Jones, LLP
P.O. Drawer 8,
100 N. William Street
Goldsboro, NC 27533-0008

Legal #572
July 13, 20, 27, 2016;
August 3, 2016

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NOTICE OF
FORECLOSURE SALE

Special Proceedings
No. 16 SP 189

NORTH CAROLINA
WAYNE COUNTY

Substitute Trustee: Philip A. Glass
Date of Sale: August 4, 2016
Time of Sale: 11:00AM
Place of Sale: Wayne County Courthouse
Description of Property: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF BROGDEN IN THE COUNTY OF WAYNE AND STATE OF NORTH CAROLINA, BEING MORE FULLY DESCRIBED IN A DEED DATED 06/12/2000 AND RECORDED 06/22/2000, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 1783 AND PAGE 677. TAX MAP OR PARCEL ID NO: 2597139583
More particularly described as follows:
BEING all of Lot No. 45 of White Oak Estates, Section One, as shown in Plat Cabinet K. Slide 20-B of the Wayne County Register of Deeds.
Record Owners: Floyd Bryant, Sr., and wife, Lelia P. Bryant Address of Property: 105 Beartrap Road Dudley, NC 28333
Deed of Trust:
Book : 2593 Page: 476
Dated: January 22, 2008
Grantors: Floyd Bryant Sr and Lelia P. Bryant aka Lelia J. Bryant, H/W
Original Beneficiary: Household Realty Corporation CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45 ) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).
This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the 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 North Carolina General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real 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 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 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 not 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. 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.
Philip A. Glass,
Substitute Trustee
Nodell, Glass &
Haskell, L.L.P.

Legal #571
July 27, 2016;
August 3, 2016

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NOTICE OF
FORECLOSURE SALE

Special Proceedings
No. 16 SP 178

NORTH CAROLINA
WAYNE COUNTY

Substitute Trustee: Philip A. Glass
Date of Sale: August 4, 2016
Time of Sale: 11:00 a.m.
Place of Sale: Wayne County Courthouse
Description of Property: See EXHIBIT “A” BEGINNING at the Northwest intersection of Mill Street 20 feet from the center of said street, and Ham Street, 20 feet from the center of Ham Street, and runs thence along the Northern edge of Ham Street, N. 88 degrees 23'30"W. 103.35 feet to an iron stake, Leslie Edmundson’s corner; thence with and beyond Edmundson’s line, N. 3 degrees 30' E. 140.83 feet to an iron stake, an agreed corner between Quentine Howell and Glen Pope; thence with said agreed line, S. 86 degrees 49' 30" E. 102.48 feet to an iron stake in the Western edge of Mill Street; thence with Mill Street, S. 3 degrees 10'30" W. 138.00 feet to the Beginning, containing 14,324 sq. feet more or less and being the tract of land described in Deed Book 705, Page 49 in the Wayne County Registry.
PIN: 3603169942
Property Address: 110 S. Mill Street, Pikeville, NC 27863
Record Owners: Dwight Eugene Tyner, Jr. and Brandi Baird
Address of Property: 110 S. Mill Street Pikeville, NC 27863
Deed of Trust:
Book : 3028 Page: 229
Dated: June 28, 2013
Grantors: Dwight E. Tyner Jr. and Brandi Baird
Original Beneficiary: State Employees' Credit Union CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45 ) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).
This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the 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 North Carolina General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real 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 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 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 not 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. 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.
Dated: 7-7-16
Philip A. Glass,
Substitute Trustee
Nodell, Glass &
Haskell, L.L.P.

Legal #570
July 27, 2016
August 3, 2016

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NOTICE TO SALE
To: Unit#
Anthony S. Quinn, Jr. 573
Drahjei Taylor 340
Keyontae Parker 264
Jacqueline C, Lofton 450
Ample Storage, Goldsboro, 903 US Hwy. 70 East Bypass, Goldsboro, NC 27534, has possessory lien on all of the goods stored in the prospective units above. All these items of personal are being sold pursuant to the assertion of the lien on August 24, 20L6 at 2:00 p.m. in order to collect the amounts due from you. The public sale will take place at 903 US Hwv 70 East Bypass, Goldsboro, NC 27534.
Legal #601
July 27, 2016

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SUMMONS REGARDING
COUNTERCLAIM IN THE
FAMILY COURT OF THE
FIFTEENTH JUDICIAL
CIRCUIT
2015-DR-26-1785

STATE OF SOUTH CAROLINA
COUNTY OF HORRY

James F. Harper, II, Plaintiff, vs. Kathleen Drake, Defendant. TO THE PLAINTIFF ABOVE-NAMED: JAMES F. HARPER, II: YOU ARE HEREBY SUMMONED and required to answer the Counterclaim in this action, a copy of which is herewith served upon you, and to serve a copy of your Reply to the said Counterclaim on the Defendant's attorney, Lisa M. Carver, Esq. at 8203 Nigels Drive Suite 201, Myrtle Beach, SC 29572 within thirty (30) days after the service hereof, exclusive of the day of such service, and if you fail to answer the Counterclaim within the time aforesaid, the Defendant in this action will apply to the Court for the relief demanded in the Counterclaim and judgment by default will be rendered against you for the relief demanded in the Counterclaim. Your Reply must be in writing and signed by you or by your attorney and you must state your address or the address of your attorney, if signed by your attorney
Lisa M. Carver
Attorney for Defendant
8203 Nigels Dr Ste 201
Myrtle Beach, SC 29572
(843) 213-1576 Tel.
(843) 213-1588 Fax
lisa@carverlawfirmllc.com
ANSWER AND
COUNTERCLAIM IN THE
FAMILY COURT FOR THE
FIFTEENTH JUDICIAL
CIRCUIT
2015-DR-26-1785

STATE OF SOUTH CAROLINA
COUNTY OF HORRY

James F. Harper, II, Plaintiff,
vs. Kathleen Drake, Defendant.
The Defendant hereby responds to the Complaint that was filed by the Plaintiff as follows:
FOR A FIRST DEFENSE
1. Each and every allegation not hereinafter admitted, explained, or qualified is to be deemed a denial by the Defendant.
2. The Defendant admits the allegations contained in Paragraphs One (1) through Four (4) of Plaintiff’s Complaint.
3. The Defendant denies the allegations contained in Paragraphs Five (5) and Six (6) of the Plaintiff’s Complaint and demands strict proof thereof.
4. The Defendant admits the allegations contained in Paragraph Seven (7) of the Plaintiff’s Complaint and Paragraph Eight (8) of Plaintiff’s Complaint if the Plaintiff contests the issues of custody and/or visitation after the filing of this Answer and Counterclaim.
5. The Defendant admits the allegations contained in Paragraphs Nine (9) through Twelve (12) of the Plaintiff’s Complaint so long as the restraining orders and the discovery are mutual and reasonable in nature.
6. Paragraph Thirteen (13) of the Plaintiff’s Complaint requires no response.
7. The Defendant denies the allegations contained in Paragraph Fourteen (14) of the Plaintiff’s Complaint and demands strict proof thereof.
FOR A SECOND DEFENSE AND BY WAY OF COUNTERCLAIM
8. Each and every response to allegations from the previous defense is hereby incorporated in this defense as if repeated verbatim herein.
9. The Defendant would show that she is and always has been the sole caretaker for the minor child. The Defendant would further show that she is the parent with the most suitable environment in which to raise the minor child, emotionally, financially, mentally and physically. She therefore requests sole custody, both pendente lite and permanently.
10. The Defendnat would show that the Plaintiff has a long history of substance and alcohol abuse. Further, the Plaintiff has not had any consistent role in the minor child’s life since his birth and lives out of state. For these reasons and any others that will be developed during this litigation, the Defendnat would ask that any visitation be supervised by her and in Horry County, South Carolina, both pendente lite and permanently.
11. The Defendant would show that it is appropriate to require the Plaintiff to submit to and pass a ten panel hair follicle drug test before having any contact of any kind with the minor child. She would ask that such testing be done within twenty-four (24) hours of any request mad and that failure to comply be deemed a positive result. She would also ask that the Plaintiff be solely responsible for the cost of such test. She requests this relief both pendente lite and permanently.
12. The Defendant would show that the Plaintiff is an able bodied male who is capable of obtaining and maintaining gainful employment. As such, the Plaintiff should be ordered to remit an amount of monthly child support through the Horry County Clerk of Court’s office consistent with the South Carolina Child Support Guidelines. She makes this request both temporarily and on a permanent basis.
13. The Defendant would show that the Plaintiff should be responsible for any uncovered medical expenses for the minor child over $250/year on a pro rata basis, both pendente lite and permanently.
14. The Defendnat would show that as the minor child’s sole custodian, she is entitled to the annual tax exemptions and credits for him. She makes this request both temporarily and on a permanent basis.
15. The Defendant would respectfully request that the Plaintiff be restrained from making any disparaging remarks about the Defendant or her family to any third party for any reason while have custody, care and/or control of the minor child. She would further ask that the Plaintiff be restrained from discussing this litigation with any third party for any reason while having custody, care and/or control of the minor child. She makes these requests both pendente lite and permanently.
16. The Defendant would respectfully request that the Plaintiff be restrained from use of illicit drugs, abuse of prescription drugs or alcohol, exposing the minor child to immoral environments, violence of any kind, vulgar or profane language and/or non-age appropriate mediums or materials of any kind, both pendente lite and permanently.
17. The Defendant would show that if the Plaintiff contests either custody or visitation after the date of the filing of this Answer and Counterclaim, that it is then necessary for the Court to appoint a Guardian Ad Litem to represent the best interests of the minor child. The Defendnat would ask that the Plaintiff be solely responsible for all fees associated with such appointment, both pendente lite and permanently.
18. The Defendant would show that an order of reasonable discovery pursuant to the South Carolina Rules of Civil Procedure and South Carolina Rules of Family Court is appropriate in this case and should be granted unto her, pendente lite.
19. The Defendant requests that this Court order the Plaintiff to reimburse her for her attorney’s fees and costs associated with defending this case and the cost of any expert witnesses, or vendors that are required as a result of this litigation. She requests this relief both pendente lite and permanently.
WHEREFORE, having fully answered the Complaint of the Plaintiff, the Defendant would pray for this Court’s Order granting her the following:
A. Dismiss the Complaint of Plaintiff;
B. Sole custody;
C. Drug test successfully passed prior to any contact with the minor child;
D. Supervised visitation;
E. Child support and uncovered medical expenses on a pro rata basis;
F. An order granting the Defendant the tax exemption and all child tax credits;
G. Restraining orders;
H. Appointment of a GAL if the Plaintiff contests custody and/or visitation after the filing of this pleading at his expense;
I. Discovery;
J. Attorney fees and vendor fees;
K. For such other and further relief as this Court deems just and proper.
Respectfully submitted,
Lisa M. Carver
Attorney for Defendant
CARVER LAW FIRM, LLC
8203 Nigels Drive,
Suite 201
Myrtle Beach, SC 29572
(843) 213-1576 Tel
(843) 213-1588 Fax
lisa@carverlawfirmllc.com
REQUEST FOR FINAL
HEARING CONTESTED TRIAL
IN THE FAMILY COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT
2015-DR-26-1785
STATE OF SOUTH CAROLINA
COUNTY OF HORRY

James F. Harper, II, Plaintiffs,
-v- Kathleen Drake, Defendant.
Attorney for Defendant:
Lisa M. Carver
Email: Telephone: 843-213-1576
Fax: 843-213-1588
Attorney for Plaintiff:
Self Represented
Email:Click here to enter text.
Telephone: Click here to enter text. Fax:
GAL: Melissa Frazier
Type of Case: Custody
Time Needed: Dates and Times Unavailable: June 23-30, July 1, 4-8, 11-15, 18-22, 25-29, August 1-5, 8, 11-12, 17-18, 23, 29-31 The 365 date for this case is July 22, 2016.
Mediation Report Attached: No
DATE: June 23, 2016
Hearing Requested by: Lisa M. Carver
For: Defendant
The hearing in this matter is scheduled for the 24th Day of August, 2016, at 10:30am before the Honorable Jerry Vinson in family courtroom 2C For 2 Hours.
Krystle Church,
Scheduling Clerk

Legal #618
July 27, 2016;
August 3, 10, 2016

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