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Legal Notices for 1/2/13, page 1


 

 NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-5194 Original

In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC, 332 W Cumberland Gap Pkwy., Ste. 100, Corbin, KY, 40701 has applied for a permit for an underground coal mining operation located 1 mile southeast of Gatliff in Whitley County.  The proposed operation will disturb 16.90 surface acres and will underlie 990.30 acres, and the total area within the permit boundary will be 1007.20 acres.

The proposed area is approximately 1.5 miles southeast from the Gatliff Road junction with KY 904 and located 0.01 miles south of Bennett’s Branch.

The proposed area is located on the Saxton U.S.G.S 7 ½ minute quadrangle map.  The surface area to be disturbed is owned by Penn Virginia Operating Co., LLC.  The operation will underlie land owned by Penn Virginia Operating Co., LLC.  The operation will affect an area within 100 feet of a public road KY 904.  The operation will not involve relocation of the public road.

This is the final advertisement of this application. All comments, objections, or requests for a permit conference must be received within thirty (30) days of today’s date. The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, Kentucky 40965-1229.  Written comments, objections or requests for a permit conference must be filed with the Director of the Division of Permits, 6th Floor, Capital Plaza Tower, Frankfort, Kentucky 40601.

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Denali Energy Group, LLC 121 Prosperous Place Suite 13-B Lexington KY 40509 has applied for a Phase I Bond Release on Permit Number 918-0430 which was last issued on June 2012. The application covers an area of approximately 44.43 acres located 1.20 miles north of Louden in Whitley County.

 The proposed area is approximately 0.2 miles north from KY 1064’s junction with Poynter Road and located 0.5 miles east of Whetstone Creek. The Latitude is 36°46’08”and the Longitude is 84°02’20” and is located on the Rockholds U.S.G.S. 7 ½-minute quadrangle map.

The bond now in effect for increments 1,2,3 and 4 is a total of $87,600 which is cash bond,  Approximately 60% of the original bond amount of $87,600 is included in the application for release.

Reclamation work performed includes:  Backfilling, grading, fertilizing, seeding, and mulching was completed in January of 2009.

This is the final advertisement of the application. Written comments, objections, and requests for a public hearing or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, Kentucky 40601, by    February 1st 2013 @ 9:18am.

A public hearing on the application has been scheduled for February 4th 2013@ 9:00am at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, Regional State Office Building, 1804 E Cumberland, Middlesboro, KY 40906.  The hearing will be canceled if no request for a hearing or informal conference is received by February 1st 2013 @ 9:18 am.

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance relating to the re-financing of the Old Post Office Building and Whitley County Detention Center, Option 2 Format with $60,000 savings 1st year will be held 1/15/13 at 6:00 PM in the Whitley County Fiscal Court Room during the Regular Meeting. A copy of the proposed Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

PAT WHITE, JR., COUNTY JUDGE EXECUTIVE

 

PUBLIC NOTICE

An Ordinance repealing Ordinance #96-08 relating to the prohibition of carrying concealed weapons on government property was passed 12/18/12. A copy of the proposed Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

PAT WHITE, JR., COUNTY JUDGE EXECUTIVE

 

NOTICE:

Notice is hereby given by order of the Whitley District Court, that the following appointments have been made:

Byron Martin has been appointed administrator for the estate of Winnifred J. Martin, attorney for said estate is David Smith, PO Box 699, Corbin, KY 40702; Wendy Denise Petrey Root has been appointed administratrix for the estate of Austin Trace Petrey, Emmett Daniel Clifford, PO Box 1284, Corbin, KY 40702 is attorney for said estate; Lisa Siler & Elmer Rose have been appointed co-executors for the estate of Helen Rose (deceased), Warren Scoville, 104 North Main St., London, KY 40741 is attorney for said estate; Barbara Canada, 313 South Log Cabin Rd, Williamsburg, KY 40769 has been appointed administratrix for the estate of Tracy Lee Gardner (deceased), no attorney for said estate; Lisa Mills has been appointed administratrix for the estate of Mattie Williams (deceased), Matthew Malone, 127 W Main St., Lexington, KY 40507 is attorney for said estate; Michael T. Murphy, DMD has been appointed executor for the estate of Donald J. Murphy (deceased), David O. Smith, PO Box 699, Corbin, KY 40702 is attorney for said estate;  Tammy Hannum, 1604 Bayou Bend Way, Knoxville, TN 37922 has been appointed executrix for the estate of Joy Dean Johnson (deceased), no attorney for said estate.

All persons having claims against the said estates are requested to present same, verified according to law to the said appointees, not later than six months from said date of appointment.

Given under my hand this 28th day of December, 2012.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT - WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 10-CI-780

JPMorgan Chase Bank, N.A., Plaintiff, VS. Darren Whitaker; Chasty Whitaker; James Foley; Leanell Foley, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 26, 2012, and a subsequent Order entered of record on November 21, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Darren Whitaker; Chasty Whitaker; James Foley; and Leanell Foley, plus costs, is as follows:

(1) The principal sum in the amount of $49,862.08, plus interest from 03/1/09, in the amount of $9,674.30, pre-acceleration late charges in the amount of $39.69; plus escrow in the amount of $3,271.67, plus property preservation in the amount of $2,348.00, plus property inspections in the amount of $56.00, for a total in the amount of $65,251.74, together with interest at the rate of $9.22 per diem from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 449 North 3rd Street, Williamsburg, KY 40769.

Beginning at a marking seam in the sidewalk on Third Street 61 feet and 10 inches from the corner of lot No. 25 owned by Thos. Vaughn; Thence north 84 degrees 19 minutes west with the line of Third Street 109 feet 1 ½ inches to a stake at the entrance of the street, line of Third Street and the 47 foot Street; Thence the 47 foot street, South 25 degrees 51 minutes East 117.54 feet to the intersection of a 40 foot alley; thence with the line of said alley, South 84 degrees 10 minutes East 45 feet 6 1/3rd inches to a stake, same being the corner of this lot and lot deeded to C.L. McDonald; Thence north 5 degrees 50 minutes East 100 feet to the beginning being all this Lot No. 28 and 38 feet 2 inches of Lot No. 27.

Being the same property conveyed to Darren Whitaker and wife Chasty Whitaker by deed dated May 15, 2007 and recorded on May 17, 2007 in Deed Book 477, page 141 in the office of the Whitley County Court Clerk.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT  - WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 11-CI-040

Cumberland Valley National Bank and Trust Company, Plaintiff, VS. Linda S. Conlon a/k/a Linda Conlin; Tony B. Conlon a/k/a Tony Conlin; Leon Partin; Carlee Partin; County of Whitley; City of Williamsburg, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Linda S. Conlon a/k/a Linda Conlin and Tony B. Conlon a/k/a Tony Conlin, plus costs, is as follows:

(1) The principal sum in the amount of $120,220.15, plus interest from 07/1/10 in the amount of $17,342.75, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $6,607.35, plus late charges in the amount of $344.52, plus property inspection fees in the amount of $261.00, for a total in the amount of $144,775.77, together with interest at the rate of 6.1250 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,375.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 473 Smith Court, Williamsburg, KY 40769

BEGINNING on a steel pin 80 feet North of the corner of Moses and Jefferies lines and running a westerly direction approximately 171 feet to a steel pin in the line of I-75 (at a point 100 feet North of the existing line of Jefferies); thence running North with the right-of-way of I-75 118 feet to a corner post; thence running with the I-75 right-of-way fence an easterly direction approximately 15 feet 6 inches to a post; thence continuing with the I-75 right-of-way a northerly direction approximately 25 feet to a steel pin, corner of Byrd and Steely; thence running an easterly direction approximately 85 feet to a steel pin; thence running in a southerly direction a straight line approximately 180 feet to the BEGINNING.

Being the same property conveyed to Tony Conlin and Linda Conlin, husband and wife, by deed dated August 22, 1994 and recorded at Deed Book 373, Page 563 of the Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT - WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 11-CI-189

JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance LLC, Plaintiff, VS. Kory J. Donlon; Karen S. Donlon, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 19, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Tuesday, January 22, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Kory J. Donlon and Karen S. Donlon, plus costs, is as follows:

(1) The principal sum in the amount of $68,313.14, plus interest from 07/1/10 in the amount of $6,708.02, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,533.59, plus property inspection fees in the amount of $70.00, plus BPO in the amount of $78.00, plus property preservation in the amount of $14.00, plus late charges in the amount of $150.24, for a total in the amount of $77,866.99, together with interest at the rate of 5.7500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,100.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 1016 West 5th Street, Corbin, KY 40701.

Beginning at a stone on south side of Fourth Street and running west about 60 feet more or less to a stone at Staniford’s line; thence with said Staniford’s line or fence south 19 1/2 poles more or less to a stone, thence east 62 feet more or less to an alley; thence north 19 1/2 poles more or less with said alley to the beginning.

BUT THERE IS EXCEPTED FROM THE FOREGOING that portion sold to Paul Green and Mae Green by deed dated March 31, 1956, and bounded and described as follows:

Beginning at a stone in Gibbs and Standifer line going north 84 feet to Fourth Street; then with Fourth Street east 65 feet more or less to alley; thence south with alley 76 feet to a stone; thence west 65 feet more or less to the beginning.

Being the same land conveyed to Kory J. Donlon and wife, Karen S. Donlon by Angela Siler f/k/a Angela Wade and husband Larry Siler by deed dated the 27 day of July, 2005, and of record in Deed Book 463, Page 174, Whitley County Court Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, they may take a credit upon its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable pursuant to the judgment, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 28th day of December, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702 • PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT - WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 11-CI-00901

VANDERBILT MORTGAGE AND FINANCE, INC., PLAINTIFF, VS. BENNY BURT RANDLE, a/k/a BENNY BURT RANDALL; JODI RANDLE, a/k/a JODI RANDALL; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

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