Tacoma Daily Index, August 27, 2013

Page 7

Tuesday, August 27, 2013 ● Tacoma Daily Index LEGAL NOTICES Continued from Page 6 bate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the administrator served or mailed the no-­ tice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publica-­ tion of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as oth-­ erwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the dece-­ dent’s probate and nonprobate as-­ sets. Decedent: EDWIN MITCHELL BEN-­ DIXEN Date of Birth: July 10, 1929 DATE of first publication: August 20, 2013. Administrator: SANDRA AUS Attorney for Administrator: SHANNON KRAFT Address for Service THE KRAFT LAW GROUP, PS 8910 Main St. E Suite F Bonney Lake, WA 98391 253-863-3366 August 20, 27, September 3 NO. 13-4-01159-2 NOTICE TO CREDITORS IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE In Re the Estate of: STEVEN LEE HALL, Deceased. The Administrator named below has been appointed and has qualified as Administrator of this estate. Persons having claims against the decedent must, prior to the time such claims would be barred by any otherwise ap-­ plicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mail-­ ing to the Administrator or the Admin-­ istrator’s attorney at the address stat-­ ed below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the Administrator served or mailed the no-­ tice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publica-­ tion of the notice. If the claim is not presented within this timeframe, the claim is forever barred, except as oth-­ erwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the dece-­ dent’s probate and nonprobate as-­ sets. Date of First Publication: 8/13/13 /s/VERLA HALL, Administrator Robert L. Michaels and Russell A. Knight Attorneys for Administrator SMITH ALLING, P.S. 1102 Broadway Plaza #403 Tacoma, WA 98402 253-627-1091 Pierce County Superior Court Cause No. 13-4-01159-2 August 13, 20, 27 NO. 13-4-01314-5 PROBATE NOTICE TO CREDITORS RCW 11.40.030 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE IN THE MATTER OF THE ESTATE OF: BESSIE IRENE KIRSCHBAUM, De-­ ceased. The personal representative named below has been appointed as personal representative of this estate. Any per-­ son having a claim against the dece-­ dent must, before the time the claim would be barred by any otherwise ap-­ plicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mail-­ ing to the personal representative or the personal representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the pro-­ bate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the personal representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time

Page 7 LEGAL NOTICES

LEGAL NOTICES frame, the claim will be forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets. Date of First Publication: August 27, 2013 Personal Representative: KEITH ZELEPUZA Attorney for Personal Represent-­ ative: Craig L. Powers, Attorney Address for Mailing or Service: ROLLER, VERNON & POWERS INC., P.S. PO Box 8220 1001 So. 38th St. Tacoma, WA 98418-0220 253 475-1225 Fax: 253-473-2084 Court of probate proceedings and cause number: Pierce County Cause No. 13-4-013145 August 27, September 3, 10 NO. 13-4-10210-0 SEA PROBATE NOTICE TO CREDITORS RCW 11.40.030 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY In the Matter of the Estate of KA-­ DYNCE LEIGH McCULLOUGH, former-­ ly known as Kadynce Leigh Harbin, De-­ ceased. The personal representative named below has been appointed as Adminis-­ trator of the above captioned estate. Any person having a claim against the decedent must, before the time the claim would be barred by any other-­ wise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serv-­ ing on or mailing to the personal rep-­ resentative or the personal represent-­ ative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be pre-­ sented within the later of: (1) Thirty days after the personal representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) Four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is for-­ ever barred, except as otherwise pro-­ vided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets. Date of First Publication: August 20, 2013 Personal Representative: LINDI McCULLOUGH Attorney for Personal Represent-­ ative: PETER A. TRIANDAFILOU, WSBA #21179 Address for Mailing or Service: SEATTLE LAW OFFICE 1421 34th Ave., Suite 200 Seattle, WA 98122-3333 (206) 219-1403 Court of probate proceedings and cause number: King County Superior Court 13-4-10210-0 SEA August 20, 27, September 3

PUBLIC NOTICES 13-5-00728-9 SUMMONS AND NOTICE BY PUBLICATION OF PETITION/ HEARING RE: TERMINATION OF PARENT CHILD RELATIONSHIP THE STATE OF WASHINGTON TO THE FOLLOWING INDIVIDUALS UNDER PIERCE COUNTY CAUSE NUMBERS: TO: JOHN DOE, birth father of INFANT SAENZ, DOB: 7/27/2013; AND ANY OTHER PERSON CLAIMING A PATER-­ NAL INTEREST IN THE ABOVE NAMED CHILD, child of FELICIA SAENZ; You must respond to the Petition by serving your defense along with a copy of your Notice Appearance upon the attorney at the address below with-­ in thirty (30) days after the date of the first publication or an order perma-­ nently terminating your parent-child re-­

lationship with the child by default will be entered. A default order is one where the Petitioners are entitled to what they ask for because you have not responded. If you serve a notice of appearance on the attorney at the ad-­ dress below you are entitled to notice before a default order may be entered. You have the right to be represented by an attorney. If you are indigent and request an attorney, an attorney will be appointed for you. You have a right to file a claim of paternity regarding the child. Your failure to file a claim of Paternity under chapter 26.26 of the Revised Code of Washington or to re-­ spond to the Petition for Termination of Parent-Child Relationship filed herein is grounds to terminate your parentchild relationship. If the child is an Indian child as de-­ fined by the Indian Child Welfare Act of 1978 25 U.S.C. 1901 et seq., and if you acknowledge paternity of the child or if your paternity of the child is es-­ tablished prior to the termination of the parent-child relationship, your pa-­ rental rights may not be terminated un-­ less you give valid consent to termina-­ tion, or your parent-child relationship is terminated involuntarily pursuant to chapter 26.33 or 13.34 RCW. The Court hearing on the Peti-­ tion for Termination of ParentChild relationship shall be on Fri-­ day, October 11, 2013 8:30 am at Pierce County Juvenile Court, 5501 6th Avenue, Tacoma, WA. YOUR FAILURE TO APPEAR AT THIS HEARING MAY RESULT IN A DEFAULT ORDER PERMANENTLY TERMINATING ALL OF YOUR RIGHTS TO THE ABOVE-NAMED CHILD. DATED this day of 2013. DENNIS CASEY, WSBA #14724 Attorney for Petitioners FILE RESPONSE WITH: Clerk of the Court Remann Hall 5501 6th Ave. Tacoma, WA 98499 SERVE A COPY OF YOUR RE-­ SPONSE TO: DENNIS CASEY Attorney for Petitioners 1002 39th Ave SW, Ste. 303 Puyallup, WA 98373 (253) 383-3350 August 20, 27, September 3

NO. 12-4-00797-0 NOTICE OF HEARING ON FINAL REPORT AND PETITION FOR DISTRIBUTION IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE IN THE MATTER OF THE ESTATE OF JUDYANN VAN WAGENEN, Deceased. NOTICE IS GIVEN TO ALL PERSONS INTERESTED IN THE ABOVE ESTATE THAT: MARIA PETERSHAGEN, as Adminis-­ trator of the above estate, has filed with the clerk of the above court the fi-­ nal report and petition for approval of settlement, proposed distribution, and authorizing distribution of the estate, requesting the court to settle the final report, distribute the property of the estate to the heirs or persons entitled thereto and discharge the Administra-­ tor. The final report and petition for ap-­ proval of settlement, proposed distri-­ bution and authorizing distribution of estate will be heard in the probate de-­ partment of the above court at 1:30 p.m. on Tuesday, September 17, 2013, at which time and place any person interested in the estate may appear and file objections to and con-­ test the petition and/or final report. Date of Filing Notice of Hearing: Au-­ gust 23, 2013 Date of Publication of Notice of Hearing: August 27, 2013 /s/MARIA PETERSHAGEN Administrator c/o DAVIES PEARSON, P.C. Attorneys for Administrator 920 Fawcett P.O. Box 1657 Tacoma, WA 98401 (253) 620-1500 Presented by: DAVIES PEARSON, P.C. By: /s/INGRID D. MCLEOD, WSBA# 44375 Attorneys for Administrator August 27 Cause No. 13-4-00504-5 NOTICE OF HEARING IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND

LEGAL NOTICES FOR PIERCE COUNTY IN THE MATTER OF THE ESTATE OF: RICHARD J. NACCARATO, Deceased. STATE OF WASHINGTON TO: The Richard J. Naccarato and Bar-­ bara Ann Naccarato Living Trust YOU ARE HEREBY provided notice of the hearing on a Motion to Quiet Ti-­ tle to certain real estate which shall be conducted on the 26th day of Sep-­ tember, 2013 at the hour of 1:30 o’clock p.m. in Room 100 of the Pierce County Superior Court located at 930 Tacoma Avenue South, Taco-­ ma, Washington, 98402. At such hear-­ ing you may respond to the Motion of the Personal Representative to quiet ti-­ tle in certain real estate in which The Richard J. Naccarato and Barbara Ann Naccarato may claim an interest. In case of your failure to appear and be heard on that Motion to Quiet Title, judgment will be rendered against you according to the relief requested in the Motion to Quiet Title, which Motion has been filed with the Clerk of the Pierce County Superior Court. DATED this 8th day of August, 2013. ANDERSON HOSTNIK PLLC /s/Charles R. Hostnik, WSBA #10834 Attorneys for Linda Smith, Per-­ sonal Representative of the Es-­ tate of Richard J. Naccarato 6915 Lakewood Drive West, Suite A-1 Tacoma, WA 98467 253-475-4200 August 13, 20, 27, September 3, 10, 17

NO. 13-2-07382-5 SUMMONS BY PUBLICATION

SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY HSBC BANK, USA, NATIONAL ASSOCI-­ ATION, AS TRUSTEE OF THE FIELD-­ STONE MORTGAGE INVESTMENT TRUST, SERIES 2006-3 Plaintiff, v. WILLIAM S. HALL; ESTATE OF BEVER-­ LY L. HALL, DECEASED; UNKNOWN HEIRS AND DEVISEES OF BEVERLY L. HALL, DECEASED; MORTGAGE ELEC-­ TRONIC REGISTRATION SYSTEMS, INC.; FIELDSTONE MORTGAGE COM-­ PANY; DYNAMIC COLLECTORS INC.; ALSO ALL PERSONS OR PARTIES UN-­ KNOWN CLAIMING ANY RIGHT, TITLE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT HERE-­ IN, Defendant(s). THE STATE OF WASHINGTON, to said defendants, William S. Hall, Es-­ tate of Beverly L. Hall, Deceased, Un-­ known Heirs and Devisees of Beverly L. Hall, Deceased and Also all persons or parties unknown claiming any right, title, lien or interest in the property de-­ scribed in the complaint herein: You are hereby summoned to ap-­ pear within sixty (60) days after the date of the first publication of this sum-­ mons, to-wit: within sixty (60) days af-­ ter the 23rd day of July, 2013, and de-­ fend the above-entitled action in the above-entitled Court, and answer the Foreclosure Complaint of plaintiff, and serve a copy of your answer upon the undersigned attorney for HSBC Bank, USA, National Association, as Trustee of the Fieldstone Mortgage Investment Trust, Series 2006-3, plaintiff, at the office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the complaint, which has been filed with the Clerk of said Court. The object of the said action and the relief sought to be obtained therein is fully set forth in said complaint, and is briefly stated as follows: Foreclosure of a Deed of Trust/Mort-­ gage. Grantors: William S. Hall, Beverly L. Hall, Deceased Property address: 320 Lafayette Street South Tacoma, WA 98444 Publication: Tacoma Daily Index Craig A. Peterson, WSB# 15935 Scott R. Grigsby, WSB# 41630 Robinson Tait, P.S. Attorneys for Plaintiff 710 2nd Ave, Ste 710 Seattle, WA 98104 206-676-9640 July 23, 30, August 6, 13, 20, 27

LEGAL NOTICES NO. 13-3-02937-4 SUMMONS BY PUBLICATION (SMPB) SUPERIOR COURT OF WASHINGTON COUNTY OF PIERCE In re: OPHELIA M. XAVIER, Petitioner and ROBERT C. JAMES Respondent TO THE RESPONDENT: 1. The petitioner has started an action in the above court requesting that your marriage be dissolved. 2. The petition also requests that the court grant the following relief: 3. You must respond to this summons by serving a copy of your written response on the person signing this summons and by filing the orig­ inal with the clerk of the court. If you do not serve your written re-­ sponse within 60 days after the date of the first publication of this summons (60 days after the 13th day of August, 2013), the court may enter an order of default against you, and the court may, without further notice to you, enter a decree and approve or provide for other relief requested in this summons. In the case of a dissolu-­ tion, the court will not enter the fi-­ nal decree until at least 90 days af-­ ter service and filing. If you serve a notice of appearance on the under-­ signed person, you are entitled to notice before an order of default or a decree may be entered. 4. Your written response to the sum-­ mons and petition must be on form: WPF DR 01.0300, Response to Petition (Marriage). Information about how to get this form may be obtained by contacting the clerk of the court, by contacting the Administrative Office of the Courts at (360) 705-5328, or from the Internet at the Washington State Courts home-­ page: http://www.courts.wa.gov/ forms 5. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. 6. One method of serving a copy of your response on the petitioner is to send it by certified mail with re-­ turn receipt requested. 7. Other: This summons is issued pursuant to RCW 4.28.100 and Superior Court Civil Rule 4.1 of the state of Washing-­ ton. Dated: Aug 05, 2013 /s/OPHELIA M. XAVIER Petitioner FILE ORIGINAL OF YOUR RESPONSE WITH THE CLERK OF THE COURT AT: Pierce County Clerk 930 Tacoma Ave Tacoma, WA 98402 SERVE A COPY OF YOUR RE-­ SPONSE ON: Petitioner OPHELIA M. XAVIER 11008 4th Ave Ct E Apt T305 Tacoma, WA 98445 August 13, 20, 27, September 3, 10, 17

PROPERTY SALES Re: Linden Park LLC DOCUMENT TITLE Amended Notice of Trustee’s Sale REFERENCE NO. OF DOCUMENTS AS-­ SIGNED/ RELEASED 200806090413 GRANTOR Linden Park, LLC, a Wash-­ ington Limited Liability Company GRANTEE First Savings Bank North-­ west LEGAL DESCRIPTION Units 2-12, Lin-­ den Park, Rec. 200805085001, Pierce County ASSESSOR’S PA R C E L NO. 9007820020, 9007820030, 9007820040, 9007820050, 9007820060, 9007820070, 9007820080, 9007820090, 9007820100, 9007820110, 9007820120 PREAMBLE TO AMENDED NOTICE OF TRUSTEE’S SALE On May 17, 2013, the Grantor of the

LEGAL NOTICES subject Deed of Trust (“Deed of Trust”), Linden Park, LLC, filed a Peti-­ tion in Bankruptcy in the United States Bankruptcy Court, Western District at Tacoma, under Case No. 13-43285BDL. By Order entered on July 30, 2013 in the United States Bankruptcy Court, First Savings Bank Northwest, the Deed of Trust beneficiary, was au-­ thorized to non-judicially foreclose the Deed of Trust and conduct a Trustee’s Sale of the property no less than fortyfive days from the date of entry of said Order. This sale is now scheduled for 10:00 a.m., Friday, September 27, 2013, at the place indicated in the at-­ tached Amended Notice of Trustee’s Sale. AMENDED NOTICE OF TRUSTEE’S SALE I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Hanson Baker Ludlow Drumheller P.S., will on Sep-­ tember 27, 2013, at the hour of 10:00 a.m., at 2nd Floor Lobby of the Pierce County Courthouse, 930 Taco-­ ma Avenue, South, in the City of Taco-­ ma, State of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the follow-­ ing described real property, situated in the County of Pierce, State of Wash-­ ington, to-wit: See Exhibit A attached hereto for a legal description of the real prop-­ erty being foreclosed. If the Deed of Trust grants the Beneficiary se-­ curity interests in personal proper-­ ty located on the real property, said personal property will be in-­ cluded in the Trustee’s Sale. The personal property is described in the Deed of Trust and any UCC-1 and/or UCC-2 Financing Statement signed by the Grantor of the Deed of Trust. Reference should be made to the Deed of Trust and any such Financing Statements for a description of the personal proper-­ ty being sold. which is subject to that certain Deed of Trust, dated June 2, 2008, record-­ ed June 9, 2008, under Auditor’s File No. 200806090413, records of Pierce County, Washington, from Lin-­ den Park, LLC, a Washington Limited Liability Company, as Grantor, to First Financial Diversified Corporation as Trustee, to secure an obligation in fa-­ vor of First Savings Bank Northwest. II. No action commenced by the Bene-­ ficiary of the Deed of Trust is now pending to seek satisfaction of the ob-­ ligation in any Court by reason of the Borrower’s or Grantor’s default on the obligation secured by the Deed of Trust. III. The default(s) for which this foreclo-­ sure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: PRINCIPAL DUE: $2,652,135.66 INTEREST DUE: $200,744.28 LATE CHARGES: $21,550.00 Accrued late charges for all monthly payments not made within 15 days of their due date. TOTAL PRINCIPAL, INTEREST AND LATE CHARGES: $2,874,429.94 IV. The sum owing on the obligation se-­ cured by the Deed of Trust is: Principal $2,652,135.66, together with interest as provided in the Note or other in-­ strument secured from , and such oth-­ er costs and fees as are due under the Note or other instrument secured, and as are provided by statute. V. The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warran-­ ty, express or implied, regarding title, possession, or encumbrances on September 27, 2013. The defaults referred to in Paragraph III must be cured by September 16, 2013 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and ter-­ minated if at any time on or before September 16, 2013 (11 days before the sale date) the default(s) as set forth in Paragraph III is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after September 16, 2013 (11 days before the sale date) and before the sale by the Borrower, Grantor, any Guarantor, or the holder of any re-­ corded junior lien or encumbrance paying the entire principal and interest secured by the Deed of Trust, plus Continued on Page 8


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