Legal Notices for 4/20/2011, page 1

 

 NOTICE OF INTENTION TO MINE

Pursuant to Application No. 918-0423

In accordance with KRS 350.055 notice is hereby given that Mountainside Coal Co. 7692 S Hwy. 25W, Williamsburg, Kentucky 40769, has applied for a surface coal mining permit located at Hatfield Gap and Highway 190, in Whitley County. The permit proposes contour and area mining with a total of 278.2 acres of surface disturbance. An additional 265.1 acres of auger mining is proposed for a total permit acreage of 503.4. The post mine land use of the permit area will be Fish and Wildlife habitat. This is a change from unmanaged forest and previously mined areas.

The proposed operation is approximately 2.5 miles South of Pearl Kentucky on route 190.  The surface mine entrance will be located off of Tiny Branch Spur approximately ¾ of a mile from the intersection of Tiny Branch and Highway 190. The latitude is 36° 36’ 27”. The longitude is 83° 56’ 30”.    

The proposed permit is located on the Eagan USGS 7 ½ minute quadrangle map.  The operation will use the combination of surface and auger mining.  The property owners affected by the surface and auger mining proposed in this permit are Lynn Hamblin, Norma Lowe, Dallas Shackelford, Lambdin Heirs and Mountain River Farms, LLC.

The operation will affect an area within 100 feet of public roads 1210, Tiny Branch Spur and 1213 General Lowe. The operation will involve closure of the public roads for a period of one month or longer as necessary to make improvements to the roads.

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 Natural Resources’ Middlesboro Regional Office, 1804 East Cumberland Avenue Middlesboro, Kentucky 40965-1229. Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South Frankfort, Kentucky 40601.

 

PUBLIC NOTICE:

NOTICE TO ROBERT JONES, UNKNOWN SPOUSE OF ROBERT JONES, CHARLES JONES, UNKNOWN SPOUSE OF CHARLES JONES, UNKNOWN SPOUSE OF WILLIAM P. JONES AND UNKNOWN SPOUSE OF GUY JONES

To, Robert Jones, Unknown Spouse of Robert Jones, Charles Jones, Unknown Spouse of Charles Jones, Unknown Spouse of William P. Jones and Unknown Spouse of Guy Jones, I have been appointed Warning Order Attorney to notify you of Civil Action No. 09-CI-00549, Tax Ease Lien Investments 1, LLC vs. Robert Jones, et al., Whitley Circuit Court.

You have fifty days from March 23, 2011 to file an answer or other pleadings in this case, or judgment may be taken against you.

DAVID O. SMITH, ATTORNEY AT LAW

PO BOX 699, CORBIN, KY 40702

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 08-CI-00725

OCWEN LOAN SERVICING, LLC, PLAINTIFF VS. TAMMY L. HUFF A/K/A TAMMY LYNN HUFF A/K/A TAMMY LYNN HUFF SHAFER A/K/A TAMMY HUFF; HOMETOWN BANK OF CORBIN, INC.; COMMONWEALTH OF KETNUCKY – FINANCE AND ADMISISTRATION CABINET; WADE E. CARR; COUNTY OF WHTILEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on July 13, 2009, and subsequent Order entered on March 14, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 9, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Tammy L. Huff a/k/a Tammy Lynn Huff a/k/a Tammy Lynn Huff Shafer a/k/a Tammy Huff, plus costs, are as follows:

(1) The principal sum in the amount of $90,477.17, plus interest from 10/1/08 in the amount of $3,527.23, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $0.00, plus Unapplied Funds Balance in the amount of $450.54, plus attorney fees in the amount of $1,100.00, for a total in the amount of $94,653.86.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Beginning at a point in the West right of way line of Todd Street in the line of Lot 107, 60 feet from the point on Todd Street where Lot 105 meets Lot 107; thence running with the East boundaries of Lots 107 and 109 North 37 degrees 29 minutes East 200 feet to a stake; thence leaving Todd Street and running North 49 degrees 26 minutes West 181.50 feet to a point in the East boundary of Lot 210; thence South 37 degrees 29 minutes West 200 feet to a stake in the East boundary of Lot 208; thence leaving the East boundary of Lot 208 and running South 49 degrees 26 minutes East 181.50 feet to the beginning.

Being the same property or a portion of the same property conveyed to Tammy Lynn Huff Shafer and Troy K. Shafer, as joint tenants with rights of survivorship by Quit Claim Deed dated May 21, 2004 from Tammy Lynn Huff, sole owner filed on August 30, 2004 in Book 455 at Page 258 in the Whitley County records.

Commonly known as:  7609 Todd Street, Corbin, Kentucky 40701.

Parcel Number: 085-00-00-097.08

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 (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, 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 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616, FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 10-CI-00932

WELLS FARGO BANK, N.A., PLAINTIFF VS. DAVID DELK aka DAVID S. DELK, KRISTI DELK, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on March 25, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 9, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, David Delk aka David S. Delk, plus costs, is as follows:

(1) As of December 23, 2010, the principle sum in the amount of $133,218.29, plus interest from 07/01/10 in the amount of $5,058.64, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,117.39, plus late charges in the amount of $53.62, plus Attorneys fees (KRS 411.195) in the amount of $1,000.00, for a total amount of $141,447.94.  For which total amount personal judgment rendered against the defendant, David Delk aka David S. Delk, together with interest at the rate of 7.8750 percent per annum ($28.74 per diem) from the above date until paid, plus late charges, advances for taxes and insurance, and costs herein expended, including a reasonable attorney fee and for any other fees expended for services performed in connection with the defendant’s default and for protecting plaintiff’s interest in the property and its rights under the mortgage instrument.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Being a 0.8805 acre tract within the bounds of a 41.2051 acre parent tract owned and developed by All-4-One Development, LLC as recorded in Deed Book 469, Page 316 in the Whitley County Court Clerk’s Office.  This tract is referred to as Lot No. 17 on the Creekstone Subdivision plat recorded on June 21, 2007 in Cabinet 2, Slide 548, office of the Whitley County Clerk, and is more particularly described as follows:

Unless stated otherwise, any monument referred to herein as a pin and cap is a set ½ inch in diameter steel rebar, eighteen inches (18”) in length, with a yellow plastic cap stamped “Ledington PLS 3192”.  All bearings stated herein are referred to in the Creekstone Subdivision survey plat as previously referenced.

BEGINNING at a pin and cap set in the approximate right of way (20’ from center) of Creekstone Drive, a common corner to lot no. 16 thence with the said right of way n 44 deg 09’ 55” w, a distance of 166.52 ft to a pin & cap; thence n 38 deg 35’ 21” e, a distance of 190.42 ft to a pin & cap thence s 58 degrees 28’ 07” e, a distance of 196.64 feet to a pin and cap, a common corner to lot no. 16 thence s 45 degrees 50’ 17” w, a distance of 237.48 feet to the point of beginning, being Creekstone Lot No. 17 and containing 0.8805 acres more or less, according to a survey by John Ledington, LS #3192 ON June 17, 2007.

Being the same property conveyed to David  Delk and wife, Kristi Delk, from Anthony Campbell, by Deed recorded on November 4, 2008 In Book 486, Page 704, In the Whitley County Clerk’s Office.

Said property address is: 200 Creekstone Drive, Corbin, Kentucky 40701.

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, it shall be entitled to a credit of 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, 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 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616, FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 11-CI-00030

FIRST STATE FINANCIAL, INC. f/k/a TOWN AND COUNTRY BANK, PLAINTIFF VS. BILLY S. LAWSON and his wife, SHEA LAWSON, a/k/a DONNA SHEA LAWSON; COMMONWEALTH OF KENTUCKY, DIVISION OF COLLECTIONS, DEPARTMENT OF REVENUE; DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE; MIDLAND GINDING, LLC; HUDSON & KEYSE, LLC; LIEN SOLUTIONS, LLC; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Billy S. Lawson and Shea Lawson, Donna Shea Lawson, personally, jointly and severally, plus costs are as follows:

(1) The principal sum in the amount of $125,030.80 as of January 3, 2011, plus interest at the rate of $20.28 per day until April 4, 2011, and interest thereafter at the judgment rate of 12% per annum until paid in full.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

BEGINNING on a survey marker in N line of 30 ft. wide unnamed county road in E corner of Warren Hale (DB 326, Pg 6); thence with Hale line N 30 17 29 W 115.18 ft. to a point in centerline of a drain, mkr (3233, (N 86 15 26 E 13.43 from said marker); thence N 29 17 27 W 54.29 ft. to point in said drain (3233), N 15 15 28 E 49.99 ft from said survey marker; thence with centerline of drain N 67 30 48 W 64.04 ft. to a point ref (3233) bears S 87 12 53, 13.70 ft. from marker; thence N 29 02 11 W 44.26 ft. to a point ref (3233) which bears S 86 15 09 W 8.83 ft. from marker; thence N 18 35 05 E, 8.83 ft. to marker (3233); thence N 18 35 05 E 62.69 ft. to a white oak; thence N 17 03 19 E 64.55 ft. to a 12” forked gum; thence N 27 32 25 E 89.76 to a 10” gum’ thence N 31 08 54 E 128.29 ft. to a 12” white oak; thence N 40 58 09 E 134.11 ft. to a white oak; thence S 50 09 32 E 270.12 ft. to a 16” black oak; thence S 43 39 08 E 308.16 ft. to marker (3233); thence S 54 55 30 W 579.20 ft. to point of BEGINNING.

BEING the same property conveyed to Billy S. Lawson and his wife, Shea Lawson, by deed from Louis W. Long, Jr., recorded January 28, 2004 of record in Deed Book No. 450, Page 52, Whitley County Court Clerk’s Office.

Property Address:  315 Casey Road, Williamsburg, KY 40769

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 ten percent (10%) 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, 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 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO.: 11-CI-00029

FORCHT BANK, NA SUCCESSOR IN INTEREST TO TRI-COUNTY NATIONAL BANK,  PLAINTIFF, VS. NICHOLAS HORVATH and his wife, KELLY HORVATH; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment In Rem against the defendants, Nicholas Horvath and his wife, Kelly Horvath, plus costs is as follows:

(1) The principal sum in the amount of $74,737.37 as of March 7, 2011, plus interest at the rate of 5.99%.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

A certain tract or parcel of land lying and being located in Whitley County, Kentucky, on the waters of Watts Creek, located approximately 01.00 mile east from the intersection of State Route #26 and State Route #3423, (formerly State Route #511 and also known as Tyes Ferry Road and/or Meadow Creek Road ) and more particularly described as follows:

All bearings are referenced to the source Deed Book 367, Page 157 (South 05 degrees 07 minutes 17 seconds East –closing call on deed), all iron rebar set or found this survey are with an aluminum surv-kap stamped #2581, and all distances are expressed in feet. This survey was completed without a legal abstract being performed.

BEGINNING at an iron rebar (found), located on the north side of State Route #3423 (formerly State Route #511, no record right of way found, source deed referenced State Route #511 as having a 35.0 feet right of way left and right of the centerline);

Thence, following the north side of State Route #3423 and with the property boundary lines as described within the source deed, the following bearings and distances; South 69 degrees 50 minutes 36 seconds East 48.86 feet to an iron rebar (set);