Details for SPENCER 19CV2775BA

IN THE SUPERIOR COURT OF HENRY COUNTY STATE OF GEORGIA CIVIL ACTION FILE No. 19CV2775BA MICHAEL HARRIS, HENRY COUNTY TAX COMMISSIONER 140 Henry Parkway McDonough, Georgia 30253 770-288-8180 Petitioner v. LAND LOT 125, 12TH DISTRICT HENRY COUNTY, GEORGIA BEING KNOWN AS 60 CARRIAGE TRACE STOCKBRIDGE, GEORGIA 30281 TAX PARCEL ID NO. 047A02019000 And RONALD L. SPENCER 60 CARRIAGE TRACE STOCKBRIDGE, GEORGIA 30281 And ESTATE OF JERI ANN SPENCER MARCUS JOSEPH POWERS, Administrator 2021 GREASEY BRANCH ROAD BRYSON CITY, NORTH CAROLINA 28713 And ESTATE OF JERI ANN SPENCER MARCUS JOSEPH POWERS, Administrator PO BOX 68 BRYSON CITY, NORTH CAROLINA 28713 Respondents NOTICE TO RESPONDENTS AND ALL INTERESTED PARTIES This Petition serves as Notice to the Respondents and all interested parties that: (1) each party is presumed to own or have a legal interest in the Property; (2) foreclosure proceedings have been commenced because of the failure to pay the real property taxes cited in the accompany Petition for Judicial In Rem Ad Valorem Tax Foreclosure; and (3) foreclosure will result in the loss of ownership of the Property and all rights and interest of all Interested Parties. To avoid loss of ownership or any interest in the Property, an owner or an interested party shall pay the full amount of taxes, penalties, interest, and costs to the Henry County Tax Commissioner's Office, located at 140 Henry Parkway, McDonough, Georgia, 30253 by the sale date. Respondents and all Interested Parties are also reminded that each of you may wish to contact an attorney to protect your rights. An owner may redeem the property within 60 days after the sale date by paying the full amount of taxes, penalties, interest, and costs to the Henry County Tax Commissioner. A Hearing on the above matter shall take place in the Superior Court of Henry County no earlier than 30 days after the filing of this Petition. The exact time and date of such hearing is set for in the attached Rule Nisi and Tax Commissioner's Request and Notice of Hearing. RESPONDENTS AND ALL INTERESTED PARTIES MAY WISH TO CONTACT AN ATTORNEY TO PROTECT THEIR RIGHTS. This the 11th day of October, 2019. TAX COMMISSIONER OF HENRY COUNTY By: Joseph Chad Brannen Joseph Chad Brannen, Esq. Attorney for the Tax Commissioner of Henry County Georgia Bar No. 077120 The Brannen Law Firm, LLC 7147 Jonesboro Road, Suite G Morrow, Georgia 30260 770-474-0847 IN THE SUPERIOR COURT OF HENRY COUNTY STATE OF GEORGIA CIVIL ACTION FILE No. 19CV2775BA FILED OCTOBER 7, 2019 MICHAEL HARRIS, HENRY COUNTY TAX COMMISSIONER 140 Henry Parkway McDonough, Georgia 30253 770-288-8180 Petitioner v. LAND LOT 125, 12TH DISTRICT HENRY COUNTY, GEORGIA BEING KNOWN AS 60 CARRIAGE TRACE STOCKBRIDGE, GEORGIA 30281 TAX PARCEL ID NO. 047A02019000 And RONALD L. SPENCER 60 CARRIAGE TRACE STOCKBRIDGE, GEORGIA 30281 And ESTATE OF JERI ANN SPENCER MARCUS JOSEPH POWERS, Administrator 2021 GREASEY BRANCH ROAD BRYSON CITY, NORTH CAROLINA 28713 And ESTATE OF JERI ANN SPENCER MARCUS JOSEPH POWERS, Administrator PO BOX 68 BRYSON CITY, NORTH CAROLINA 28713 Respondents PETITION FOR JUDICIAL IN REM AD VALOREM TAX FORECLOSURE COMES NOW, MICHAEL HARRIS, in his official capacity as Tax Commissioner of Henry County and petitions this Court for a Judicial In Rem Ad Valorem Tax Foreclosure, in accordance with O.C.G.A. §48-4-75 et. seq. and the Henry Court Resolution dated November 20, 2000, by showing the Court: 1. Ronald L. Spencer and the Estate of Jeri Ann Spencer is the owner of certain real property located at 60 Carriage Trace, Henry County, Stockbridge, Georgia, 30281 (the "Property"), having a Tax Parcel Identification Number of 047A02019000 (A legal description of the Property is attached hereto as "Exhibit A" and by this reference incorporated herein). 2. The Ad valorem taxes assessed against the Property by the County of Henry, State of Georgia, for the year(s) of 2017, 2018 and 2019, in the amount of $8,942.29 (amount includes principal amount of taxes owed and any accrued interest and penalties through August 26, 2019) have not been paid. 3. Attached hereto as Exhibit "B" is a list of names and addresses of Interested Parties also receiving a copy of this Petition by certified mail or statutory overnight delivery, return receipt requested. 4. Copies of the Petition herein shall be served by first-class U.S. Mail to the attention of the occupant(s), if any, at the above-listed Property address. 5. A copy of the Petition and a copy of the Request and Notice for Hearing shall be posted on the Property in accordance with Code Section 48-4-78 of the Official Code of Georgia Annotated. 6. Simultaneously with the filing of this Petition, Petitioner has filed a lis pendens. 7. Notice of the filing of the Petition herein shall be published on two separate dates in the Daily Herald. WHEREFORE, the Petitioner demands (1) a hearing in the Superior Court of Henry County (the "Court") and (2) a judgment by the Court stating that (a) the taxes for the Property are delinquent and (b) that Notice has been given to all interested parties, and ordering the the Property may be sold at public outcry pursuant to O.C.G.A. §48-4-75 et. seq. AND 9-13-61. This the 30TH day of September, 2019. TAX COMMISSIONER OF HENRY COUNTY GEORGIA By:Joseph Chad Brannen Joseph Chad Brannen, Esq. Attorney for the Tax Commissioner of Henry County Georgia Bar No. 077120 The Brannen Law Firm, LLC 7147 Jonesboro Road, Suite G Morrow, Georgia 30260 770-474-0847 EXHIBIT "A" LEGAL DESCRIPTION All that tract or parcel of land lying and being in Land Lot 125 of the 12th District, Henry County, Georgia and being known as Lot 85, Block B, Carriage Trace Subdivision; as per plat recorded in Plat Book 5, Page 176, in the Office of the Clerk, Superior Court, Henry County Records; said plat being incorporated herein by reference thereto. EXHIBIT "B" INTERSTED PARTIES OCCUPANT 60 CARRIAGE TRACE STOCKBRIDGE, GA 30281 RONALD L. SPENCER 60 CARRIAGE TRACE STOCKBRIDGE, GEORGIA 30281 ESTATE OF JERI ANN SPENCER MARCUS JOSEPH POWERS, Administrator 2021 GREASEY BRANCH ROAD BRYSON CITY, NORTH CAROLINA 28713 ESTATE OF JERI ANN SPENCER MARCUS JOSEPH POWERS, Administrator PO BOX 68 BRYSON CITY, NORTH CAROLINA 28713 ROBERT RUPPENTHAL ATTORNEY AT LAW 1044 HIGHWAY 54 WEST FAYETTEVILLE, GA 30276 IN THE SUPERIOR COURT OF HENRY COUNTY STATE OF GEORGIA CIVIL ACTION FILE No. 19CV2775BA MICHAEL HARRIS, HENRY COUNTY TAX COMMISSIONER 140 Henry Parkway McDonough, Georgia 30253 770-288-8180 Petitioner v. LAND LOT 125, 12TH DISTRICT HENRY COUNTY, GEORGIA BEING KNOWN AS 60 CARRIAGE TRACE STOCKBRIDGE, GEORGIA 30281 TAX PARCEL ID NO. 047A02019000 And RONALD L. SPENCER 60 CARRIAGE TRACE STOCKBRIDGE, GEORGIA 30281 And ESTATE OF JERI ANN SPENCER MARCUS JOSEPH POWERS, Administrator 2021 GREASEY BRANCH ROAD BRYSON CITY, NORTH CAROLINA 28713 And ESTATE OF JERI ANN SPENCER MARCUS JOSEPH POWERS, Administrator PO BOX 68 BRYSON CITY, NORTH CAROLINA 28713 Respondents RULE NISI AND TAX COMMISSIONER'S REQUEST AND NOTICE FOR HEARING COMES NOW, the Petitioner, MICHAEL HARRIS, in his official capacity as Tax Commissioner of Henry County, and pursuant to O.C.G.A. §48-4-79(a) requests a judicial hearing on the Tax Commissioner's Petition for Judicial In Rem Ad Valorem Tax Foreclosure, said hearing to occur not early than thirty (30) days following the filing of the Petition this day. The above and foregoing Petition having been presented before me, IT IS HEREBY ORDERED that pursuant to O.C.G.A. §48-4-79(a) a hearing shall be held on the 18TH day of November, 2019, at 9:00 a.m. in Court Room A of the Henry County Courthouse, No. 1 Courthouse Square, McDonough, Georgia, 30253, not earlier than 30 days following the filing of the Petition for Judicial In Tem Ad Valorem Tax Foreclosure, wherein all interested parties may intervene before this Court for the purpose of opposing the granting of the Petition and issuance of an Order and Judgment allowing for sale of the above listed property for delinquent and valorem taxes, pursuant to O.C.G.A. §48-4-75, et seq, and to show cause as to why this Court should not grant such Petition as entered by MICHAEL HARRIS, Tax Commissioner, Henry County and the relief prayed for therein. SO ORDERED this 1st day of October, 2019. Brian J. Amero Superior Court Judge Henry County, Georgia Prepared and Presented by Joseph Chad Brannen The Brannen Law Firm, LLC 7147 Jonesboro Road, Suite G Morrow, Georgia 30260 770-474-0847 932-619723, 10/23,30

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