Legal & Public Notices For The Week Of 11/10/16
NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, December 1, 2016 at 6:00 p.m. at Carthage City Hall located at 314 Spring Street. The purpose of said meeting is to discuss the possibility of applying for a Community Development Block Grant through the Tennessee Department of Economic and Community Development. The hearing is open to the public and active participation is highly encouraged. No person in the United States should, on the grounds of race, religion, color, or national origin be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal Assistance. If special need accommodations are required, you may contact the Mayor’s office at 615-735-1881. Donnie Dennis, Carthage Mayor 11-10-16(1T)
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Smith County Solid Waste is taking sealed bids until 10:00 am November 21, 2016, for the purchase of two 40 – yard packer receiver boxes. Bids should include freight to Smith County Landfill. Specs may be picked up at Smith County Landfill, 370 Landfill Road Carthage, TN 37030, M-F 7am to 3pm . For more information call Roger Bradley at 615-683-7927.11-03-16 (2T)
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Smith Utility District will be taking bids for a used vacuum excavator. Specifications may be picked up at the office location at 136 Main St. S, Carthage, Tennessee. Bids will be taken until 8:00 a.m., Wednesday, December 7, at the office location. The District has the right to accept any or reject all bids, and to waive all informalities. Smith Utility District does not discriminate on the basis of race, color, national origin, sex, age or disability. 11-10-16(1T)
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The Smith County Election Commission will meet Thursday, November 17, 2016, at 6:30 pm at the Election Commission Office located at 122 Turner High Circle, Suite 105, Carthage, TN for the purpose of certifying the November 8, 2016 election results and expenses, inspecting new registrations, reviewing appeals and such other business as may come before the body. 11-10-16(1T)
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NOTICE OF PUBLIC HEARING A public hearing will be held on Monday, November 28, 2016, at 5:00 p.m. at the Smith County Chamber of Commerce, 939 Upper Ferry Road Carthage, TN 37030. The purpose of said meeting is to discuss the possibility of applying for a Community Development Block Grant through the Tennessee Department of Economic and Community Development. The hearing is open to the public and active participation is highly encouraged. No person in the United States should, on the grounds of race, religion, color, or national origin be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal Assistance. If special need accommodations are required, you may contact the County Mayor’s office at (615) 735-2294 Michael Nesbitt County Mayor 11-10-16(1T)
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NOTICE THE SMITH COUNTY BEER BOARD will meet Tuesday, November 15, 2016 at 5:30 p.m. AT THE CONFERENCE ROOM OF THE SMITH COUNTY ANNEX BUILDING, 122 TURNER HIGH CIRCLE, CARTHAGE, TN 37030. This is to hear an application for C & M Bait Shop LLC, located at 155 Dixon Springs Hwy, Carthage, TN 37030, formerly Dillard’s Market. The applicants are Cindy Mosley and Gwenn Cripps. BEER BOARD SECRETARY, CLIFA NORRIS 11-10-16(1T)
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PUBLIC NOTICE The regularly scheduled meeting of the Smith County E-911 Board will be held on Tuesday November 15th, at 5:30 pm, at Smith County 911/ EMS Administration, 303 High Street North, Carthage TN. 37030, downstairs in the Conference Room. Jeff Crockett, Director Smith County 911 11-10-16(1T)
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I, Wayne McCulloch, have in my possession an ‘04 Harley Davidson Sportster, vin # 1HD4CJM155K421739. If you have any interest in this vehicle contact Wayne McCulloch, 36 Mofield Lane, Gordonsville, TN 38563 by certified mail, return receipt requested, within 10 days. 11-10-2tpd
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NOTICE TO CREDITORS ESTATE OF Shirley Ann Claridy Notice is hereby given that on the 1st day of November, 2016, Letters Testamentary, in respect to the estate of Shirley Ann Claridy, Deceased, who died on the 17th day of October, 2016, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 1st day of November, 2016. Signed Terry Warner, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 11-10-2t
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NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated July 15, 2013, and the Deed of Trust of even date securing the same, recorded July 16, 2013, in Book No. 265, at Page 451, in Office of the Register of Deeds for Smith County, Tennessee, executed by Levi L. Hughes and Dolores Hughes, conveying certain property therein described to Jonathan R. Vinson as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for F&M Bank, its successors and assigns; and the undersigned, Wilson & Associates, P.L.L.C., having been appointed Successor Trustee by JPMorgan Chase Bank, National Association. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue of the power, duty, and authority vested in and imposed upon said Successor Trustee, by JPMorgan Chase Bank, National Association, will, on December 13, 2016 on or about 2:00 PM, at the Smith County Courthouse, Carthage, Tennessee, offer for sale certain property hereinafter described to the highest bidder FOR certified funds paid at the conclusion of the sale, or credit bid from a bank or other lending entity pre-approved by the successor trustee. The sale is free from all exemptions, which are expressly waived in the Deed of Trust, said property being real estate situated in Smith County, Tennessee, and being more particularly described as follows: BEING a certain tract or parcel of land lying in the Town of Carthage, First (1st) Civil District of Smith County, Tennessee, more particularly described as follows, to wit: BEING a house and lot fronting on College Street on the North side thereof and bounded on the North by Mrs. Ruth Chism, formerly Thomas Fisher; on the East by James Stiltz, formerly John Waggoner; on the South by College Street; on the West by Mrs. M.J. Tuner and being a lot fronting said street 83 1/2 feet and running back a depth of 100 feet. ALSO KNOWN AS: 217 College Avenue East, Carthage, TN 37030 This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Levi L. Hughes Dolores Hughes The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. W&A No. 318027 DATED November 2, 2016 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW.MYFIRM.COM and WWW.REALTYTRAC.COM 11-10-3t
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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on November 22, 2016 at 2:00PM local time, at the front door, Smith County Courthouse, 211 North Main Street, Carthage, Tennessee pursuant to Deed of Trust executed by Katherine A. Ksobiech and Michael Ksobiech, to Arnold M. Weiss, Esq., Trustee, as trustee for Wells Fargo Bank, N.A. on August 27, 2009 at Book 212, Page 311, Instrument No. 09002676; conducted by Shapiro & Ingle, LLP, a Tennessee limited liability partnership, having been appointed Substitute or Successor Trustee, all of record in the Smith County Register’s Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable. Party Entitled to Enforce the Debt: Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust, its successors and assigns. The following real estate located in Smith County, Tennessee, will be sold to the highest call bidder: Described property located at Smith County, Tennessee, to wit: BEING certain tracts or parcels of land located in the Second (2nd) Civil District of Smith County, Tennessee, and being more particularly described as follows: TRACT #1 – (7.910 acres): BEGINNING at a 1/2-inch rebar (new) in the South margin of Nixon Hollow Road, said rebar being 645.91 feet from the northwest corner of Tracey Timbs, also being a corner of Butler, as measured along the South margin of said road; thence leaving the South margin of Nixon Hollow Road and severing the land of Butler South 03 degrees 07 minutes 06 seconds West 1097.98 feet to a point; thence South 80 degrees 03 minutes 14 seconds West 73.79 feet to a 1/2-inch rebar (new) at a 10-inch sassafras; thence North 20 degrees 22 minutes 36 seconds West 234.57 feet to a 1/2-inch rebar (new) at an 8-inch elm; thence North 22 degrees 10 minutes 39 seconds West 195.99 feet to a 1/2-inch rebar (new) at a steel post (old); thence North 40 degrees 35 minutes 24 seconds West 180.81 feet to a 1/2 inch rebar (new) at a steel post (old); thence continuing to sever the land of Butler North 40 degrees 35 minutes 24 seconds West 180.81 feet to a 1/2-inch rebar (new) at a steel post (old); thence North 03 degrees 24 minutes 21 seconds East 316.16 feet to a 1/2 inch rebar (new) at a steel post (old); thence North 05 degrees 56 minutes 59 seconds West 154.55 feet to a 1/2-inch rebar (new) at a steel post (old); thence North 19 degrees 59 minutes 30 seconds West 145.57 feet to a 1/2-inch rebar (new) in the South margin of Nixon Hollow Road; thence with the South margin of said road North 77 degrees 59 minutes 10 seconds East 72.97 feet to a point; thence around a curve to the right an arc distance of 190.27 feet (Radius-371.10 feet, Chord-188.19 feet, Chord Bearing – South 89 degrees 57 minutes 43 seconds East) to a point; thence South 75 degrees 16 minutes 28 seconds East 199.70 feet to the point of BEGINNING, containing 7.910 acres, more or less, as surveyed by Allen Maples, Jr. R.L.S. #2171, Bartlett Surveying, 214 East Stevens Street, Cookeville, TN 38501, on May 31, 2005. TRACT #2 – (13.454 acres): BEGINNING at a 1/2-inch rebar (old) in the South margin of Nixon Hollow Road, being the northwest corner of Tracey Timbs, also being a corner of Butler; thence leaving the South margin of Nixon Hollow Road and with the West line of Tracey Timbs South 03 degrees 03 minutes 46 seconds West 56.09 feet to a 1/2-inch rebar (old) at a triple hackberry; thence South 06 degrees 13 minutes 40 seconds West 172.15 feet to a 1/2-inch rebar (old) at a large hackberry, being the southwest corner of Tracey Timbs, also being the northwest corner of Jerry Nixon; thence with the West line of Jerry Nixon South 19 degrees 32 minutes 11 seconds West 86.20 feet to a 10-inch hackberry; thence South 21 degrees 18 minutes 55 seconds West 73.37 feet to a 1/2-inch rebar (old) at an 18-inch cedar; thence South 10 degrees 38 minutes 32 seconds West 37.36 feet to a 1/2-inch rebar (old) at an 18-inch hackberry; thence South 00 degrees 19 minutes 54 seconds West 73.56 feet to a 1/2-inch rebar (old) at a 10-inch sassafras; thence South 01 degree 25 minutes 28 seconds West 90.92 feet to a 1/2-inch rebar (old) at a 14-inch hickory; thence South 10 degrees 29 minutes 08 seconds West 25.70 feet to a 1/2-inch rebar (old) at a 12-inch ash; thence South 04 degrees 20 minutes 52 seconds West 113.13 feet to a 1/2-inch rebar (old) at a 26-inch ash; thence continuing with the West line of Jerry Nixon South 09 degrees 59 minutes 51 seconds East 52.12 feet to a 1/2-inch rebar (new) at a 25-inch ash; thence South 18 degrees 14 minutes 24 seconds East 79.09 feet to a 1/2-inch rebar (new); thence leaving the West line of Jerry Nixon and severing the land of Butler South 82 degrees 33 minutes 38 seconds West 266.50 feet to a 1/2-inch rebar (new) at a 6-inch redbud; thence South 80 degrees 03 minutes 14 seconds West 357.65 feet to a point; thence continuing to sever the land of Butler North 03 degrees 07 minutes 06 seconds East 1097.98 feet to a 1/2-inch rebar (new) in the South margin of Nixon Hollow Road; thence with the South margin of said road around a curve to the left an arc distance of 156.34 feet (Radius – 848.00 feet, Chord – 156.12 feet, Chord Bearing South 80 degrees 33 minutes 22 seconds East) to a point; thence around a curve to the right an arc distance of 316.05 feet (Radius – 876.30 feet, Chord – 314.34 feet, Chord Bearing – South 75 degrees 30 minutes 21 seconds East to a point; thence around a curve to the left an arc distance of 173.52 feet (Radius – 723.50 feet, Chord – 173.10 feet, Chord Bearing – South 72 degrees 02 minutes 40 seconds East) to the point of BEGINNING, containing 13.454 acres, more or less, as surveyed by Allen Maples, Jr., R.L.S. #2171, Bartlett Surveying, 214 East Stevens Street, Cookeville, TN 38501, on May 31, 2005. BEING the same property vested in Michael S. Ksobiech and wife, Katherine A. Ksobiech by deed from Earl L. Short and wife, Cathy M. Short, of record in Record Book 212, Page 308, Register’s Office for Smith County, Tennessee. Street Address: 91 Nixon Hollow Ln, Pleasant Shade, Tennessee 37145 Parcel Number: 026-028.00 Current Owner(s) of Property: Katherine Ann (Leach) Ksobiech The street address of the above described property is believed to be 91 Nixon Hollow Ln, Pleasant Shade, Tennessee 37145, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. This sale is subject to, without limitation, all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances including those created by a fixture filing or any applicable homeowners’ association dues or assessments; all claims or other matters, whether of record or not, which may encumber the purchaser’s title and any matter that an accurate survey of the premises might disclose. The following parties may claim an interest in the above-referenced property to be affected by the foreclosure: Any judgment creditor or lien holder with an interest subordinate to the said Deed of Trust or any party claiming by, through, or under any of the foregoing. Such parties known to the Substitute Trustee may include: None. Any right of equity of redemption, statutory and otherwise, and homestead are waived in accord with the terms of said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check made payable to or endorsed to Shapiro & Ingle, LLP. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded only by the Substitute Trustee at any time. If the Substitute Trustee rescinds the sale, the purchaser shall only be entitled to a return of any money paid towards the purchase price and shall have no other recourse. Once the purchaser tenders the purchase price, the Substitute Trustee may deem the sale final in which case the purchaser shall have no remedy. The real property will be sold AS IS, WHERE IS, with no warranties or representations of any kind, express or implied, including without limitation, warranties regarding condition of the property or marketability of title. This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose. Shapiro & Ingle, LLP, a Tennessee limited liability partnership Substitute Trustee www.shapiro-ingle.com File No. 13-053781 10-27-3t
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NOTICE TO CREDITORS ESTATE OF Ruby Virginia McClanahan Notice is hereby given that on the 1st day of November, 2016, Letters Testamentary, in respect to the estate of Ruby Virginia McClanahan, Deceased, who died on the 23rd day of August, 2016, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 1st day of November, 2016. Signed Glenda Hall Cowan, Personal Representative Thomas S. Dillehay, Clerk & Master Branden Bellar, Attorney 11-10-2t
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NOTICE TO CREDITORS ESTATE OF Doris Bradley Moore Notice is hereby given that on the 26th day of October, 2016, Letters Testamentary, in respect to the estate of Doris Bradley Moore, Deceased, who died on the 22nd day of October, 2016, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 26th day of October, 2016. Signed Paul Basil Moore, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 11-3-2t
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NOTICE TO CREDITORS ESTATE OF James R. Overstreet Notice is hereby given that on the 26th day of October, 2016, Letters Testamentary, in respect to the estate of James R. Overstreet, Deceased, who died on the 20th day of September, 2016, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 26th day of October, 2016. Signed Tammy Renee Crecelius, Personal Representative Thomas S. Dillehay, Clerk & Master James B. Dance, Attorney 11-3-2t
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NOTICE TO CREDITORS ESTATE OF William Brandon Powell Notice is hereby given that on the 28th day of October, 2016, Letters Testamentary, in respect to the estate of William Brandon Powell, Deceased, who died on the 24th day of September, 2016, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 28th day of October, 2016. Signed Jason Powell, Personal Representative Thomas S. Dillehay, Clerk & Master Jamie D. Winkler, Attorney 11-03-2t
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NOTICE TO CREDITORS ESTATE OF Edna Dimple Wilson Notice is hereby given that on the 4th day of November, 2016, Letters Testamentary, in respect to the estate of Edna Dimple Wilson, Deceased, who died on the 2nd day of October, 2016, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 4th day of November, 2016. Signed Erma Williams, Co-Personal Representative Joyce Parkerson, Co-Personal Representative Thomas S. Dillehay, Clerk & Master Charles McKinney, Attorney 11-10-2t
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IN THE JUVENILE COURT OF SMITH COUNTY, TENNESSEE ROBERT S. WILSON and wife JENNIFER M. WILSON PETITIONERS, VS. ELEXUS MAY WILSON, and THE UNKNOWN FATHER OF ZOEY DAWN WILSON, RESPONDENTS. CASE NO.2016-JV-266 ORDER OF PUBLICATION In this action, it appearing to the satisfaction of the Circuit Court Clerk, from the Order filed by the Petitioner, the residence of the Respondent, Unknown Father cannot be ascertained upon diligent inquiry, so that the ordinary process of law cannot be served : it is, therefore, ORDERED that the publication be made in the Carthage Courier, a newspaper published in the Town of Carthage, Tennessee, for four (4) consecutive weeks, commanding said non-resident to serve upon Gloria Jean Evins, petitioners attorney, whose address is 207 South College St., Lebanon, TN 37087, a copy of an answer to the petition on or before DECEMBER 10 and also file an answer to the petition with the Circuit Court Clerks office in Smith County TN, according to the law. If you fail to do so, a judgment by default will be heard on December 13th 2016 at 10 am or as soon thereafter as possible. This 17th day of October. Tommy Turner Smith County Court Clerk Gloria Jean Evins Attorney for Petitioner 10-20-4t
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