District Court Records

Editor’s note: The News Journal publishes only the final disposition of district court criminal cases except for those which are waived to a grand jury or dismissed without condition.

Lawsuits

Whitley Co. child may have been dead for months, aunt, boyfriend being charged with murder

A four-year-old Whitley County girl whose body was found late last week may have been dead for months longer than originally believed, according to investigators.

Marriage Licenses

Deeds

Superseding indictments issued in pair of sex-related cases involving minors

A pair of Corbin men, who were already facing allegations in connection with separate sex-related cases involving a minor, are now in more legal hot water.

Whitley County burn ban rescinded following rainfall

The burn ban put in place earlier this month for Whitley County has been rescinded. 

Whitley County Judge/Executive Pat White confirmed Tuesday that the burn ban is no longer in effect following recent rainfall throughout the county. The burn ban was initially put in place Nov. 8 as several wildfires continued to burn both across the state and county.

According to the Kentucky Division of Forestry’s fire map, one of the two largest wildfires within Whitley County is no longer burning. The remaining four active fires are all listed as being controlled.

At the height of the county’s active wildfires, nearly 1,000 acres were on fire. 

Across the state, numbers also dropping, with the KDF website showing 41 active fires accounting for just over 10,000 acres as of Tuesday evening. In comparison, last Tuesday’s numbers showed 100 active fires with approximately 27,000 acres involved. 

Kentucky’s fall fire season runs from Oct. 1 to Dec. 15 each year, when many of these types are fires are common.

The next fire hazard season begins Feb. 15 and runs through April 30.

Local residents indicted in connection with suspected DUI crashes

A Whitley County grand jury has indicted a pair of local residents in connection with separate Labor Day Weekend accidents in Corbin and Williamsburg that allegedly involved alcohol and either killed someone or caused serious physical injury.

Master Commissioner Sales 11-22-2023

MASTER COMMISSIONER SALES

In order to comply with the orders of the Whitley Circuit Court, the Master Commissioner will sell the property described in the following action(s) on MONDAY, DECEMBER 4, 2023 at the hour of 12:00 noon, at the door of the Whitley County Judicial Center, (new courthouse), 100  Main Street, Williamsburg, Kentucky.

For each sale- individually: The said property shall be sold to raise the amounts hereinafter set forth, together with interest and the costs of the action, and upon the (unless otherwise indicated) following terms and conditions.

(A)  At the time of sale the successful bidder shall either pay cash or make a deposit of 10% of the purchase price with the balance on credit for thirty (30) days. In the event the successful bidder desires or elects to credit the balance, he or she will be required to post bond and furnish an acceptable surety thereon. Said bond shall be for the unpaid purchase price and bear interest at the rate the judgment bears, from the date of sale until paid in full, and shall have the force and effect of a judgment. The bond interest rate charged on any unpaid balance is listed for each case shown in Upcoming Sales.

(B)  The purchaser shall be required to assume and pay all taxes or assessments upon the property for the (2024) year and all subsequent years after this sale. All other delinquent 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 within ten (10) days from the date of sale.

(C)  The property shall otherwise be sold free and clear of any right, title, and interest of all parties to the action and of their liens and encumbrances thereon, excepting easements and restrictions of record in the Whitley County Court Clerk’s Office and such right of redemption as may exist in favor of the United States of America or the defendant(s).

(D) If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

THE FOLLOWING PROPERTIES WILL BE SOLD:

COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 22-CI-395, FIRST STATE BANK OF SOUTHEAST, INC., PLAINTIFF, VS. ROBERT LYNN GRUBB, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 8, 2023; The judgment against the Defendants, plus costs, is as follows: The sum in the amount of $19,983.64 as of October 19, 2023, plus interest of $58.40 from October 20 through November 6, 2023 ($20,042.04 total), plus any additional amounts permitted. Property Address: 44 Bunches Creek Rd., Williamsburg, KY 40769.  Parcel/Map ID#: 146-00-00-004.00

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 21-CI-608, MID SOUTH CAPITAL PARTNERS. LP, PLAINTIFF, VS. CARLUS E. VANOVER, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 8, 2023; The judgment against the Defendants, plus costs, is as follows: The judgment for the fees/costs accrued relating to the Certificate(s) of delinquency for the tax year 2010, in the sum in the amount of $720.07, plus accrued interest in the amount of $957.60 through September 2022, administrative fees of $100.00, plus prelitigation attorney’s fees of $444.47; and tax year 2011 of $756.64, plus accrued interest in the amount of $915.97 through September 2022, administrative fees of $115.00, prelitigation attorney’s fees of $350.00, as well as litigation fees costs of $1,346.11, and reasonable attorney’s fees in the amount of $2,000.00, the total judgment as of the date of judgment being $7,705.86. Property Address: 301 Devils Creek Road, Corbin, KY 40701.  Parcel/Map ID#: 053-00-00-095.00

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. II, CIVIL ACTION NO. 21-CI-357, WILLIAM D. MORGAN AND KAREN MORGAN, HIS WIFE, PLAINTIFFS, VS. KEVIN CRAINE, ADMINISTRATOR OF THE ESTATE OF CAROLYN MORGAN; AND UNKNOWN SPOUSE OF CAROLYN MORGAN, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 24, 2023, and Orders entered March 2, 2023, May 2, 2023 and October 2, 2023; The judgment against the Defendants, plus costs, is as follows: The judgment is for a land partition pursuant to Orders of the Court, and the balance of the sale proceeds shall be distributed as indicated in the judgment herein. NO APPRAISAL WILL BE PREPARED FOR THIS SALE: BOTH TRACTS SOLD TOGETHER AS ONE- SALE. TRACT I: Property Address: 852 McKeehan Crossing Road, KY 40701; Parcel/Map ID#:  086-00-00-044.02; Containing approximately 2 acres more or less; Being the same property conveyed to Raleigh Morgan and Cindy Morgan by a deed from George Woods and Grace Woods dated October 17, 1997, of record in Deed Book 396, Page 303, Whitley County Clerk’s Office. TRACT II: Property Address: 852 McKeehan Crossing Road, KY 40701; Parcel/Map ID#:  086-00-00-044.02D1; Containing approximately 1 acre more or less; Being the same property conveyed to Raleigh Morgan and Cinda Morgan by a deed from Elizabeth Day dated April 8, 1998, of record in Deed Book 400, Page 413, Whitley County Clerk’s Office.

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 21-CI-365, U.S. BANK NATIONAL ASSOCIATION, PLAINTIFF, VS. UNKNOWN DEFENDANTS, WHO ARE THE HEIRS, LEGATEES, DEVISEES, OR SPOUSE OF FRANCIS CORDELLA STEPHENS AND THEIR SPOUSES AND  ANY UNKNOWN PERSON WHO MAY HAVE AN INTEREST IN THE PROPERTY, WHICH IS THE SUBJECT MATTER OF THIS ACTION, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 6, 2022, and subsequent Orders entered of record August 24, 2022, November 7, 2022, January 25, 2023, April 4, 2023, and November 8, 2023; The In Rem judgment against the Defendants, plus costs, is as follows: The principal sum in the amount of $44,209.65, plus property preservation in the amount of $14,790.51, plus interest in the amount of $4,584.55, plus escrow advance in the amount of $971.63, plus BPO/BK Fees/Utilities in the amount of 596.23, plus title charges in the amount of $225.00, plus Lis pendens recording fee in the amount of $46.00, plus court costs in the amount of $286.86, plus attorney fees in the amount of $2,240.00 for a total in the amount of $67,950.43, plus interest at the per diem rate of $6.06 from April 28, 2022 until the date of judgment and with a post-judgment statutory interest rate of 5% thereafter on the judgment amount until paid, plus any additional attorney’s fees and costs of collection, expenses, and disbursements by Plaintiff incurred from the date of the Plaintiff’s affidavit and any other amounts permitted. Property Address: 101 Browns Creek Rd, Williamsburg, KY 40769.   Parcel/Map ID#: 127-00-00-045.00

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 21-CI-578, APEX FUND SERVICES AS C/F CERES TAX RECEIVABLES, LLC, PLAINTIFF, VS.  DANIEL PERRY, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 8, 2023; The judgment against the Defendants, plus costs, is as follows: The judgment for the fees/costs accrued relating to the Certificate(s) of delinquency for the tax year 2012, in the sum in the amount of $423.43, plus accrued interest in the amount of $482.71 as of April 20, 2023; plus administrative fees of $115.00, plus prelitigation attorney’s fees of $3,265.94; plus costs in the amount of $1,177.01, the total judgment as of the date of judgment being $5,464.09 as of April 20, 2023, plus interest at 12% on the actual purchase price of the certificate of delinquency. Property Address: 155 Bell Young Road, Emlyn, KY 40730. Parcel/Map ID#: 112-00-00-038.00

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 21-CI-610, APEX FUND SERVICES C/F CERES TAX RECEIVABLES, LLC, PLAINTIFF, VS. JOSE PEREZ AKA JOSE A. PEREZ, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 8, 2023; The judgment against the Defendants, plus costs, is as follows: The judgment for the fees/costs accrued relating to the Certificate(s) of delinquency for the tax year 2013, in the sum in the amount of $1,524.19, plus accrued interest in the amount of $1,585.16; plus administrative fees of $115.00, plus prelitigation attorney’s fees of $3,926.50; plus costs in the amount of $1,071.51, the total judgment as of the date of judgment being $8,222.36, plus interest at 12% on the actual purchase price of the certificate of delinquency. Property Address: Clear View Drive, Corbin, KY 40701. Tract No. 34 of the Spruce Creek Estates. Parcel/Map ID#: 069-00-00-018.34

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 21-CI-611, MTAG AS C/F MDG-KY, LLC,  PLAINTIFF, VS. JERRY RICHARDSON, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 8, 2023; The judgment against the Defendants, plus costs, is as follows: The judgment for the fees/costs accrued relating to the Certificate(s) of delinquency for the tax year 2015, in the sum in the amount of $616.44, plus accrued interest in the amount of $499.32 as of 6/28/2023; plus administrative fees of $115.00, plus prelitigation attorney’s fees of $2,277.35; plus costs in the amount of $1,002.62, the total judgment as of the date of judgment being $4,510.73, plus interest at 12% on the actual purchase price of the certificate of delinquency. Property Address: 0 Mud Crk, Williamsburg, KY 40769. Parcel/Map ID#: 2463600-01

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 23-CI-003, DGS DEVELOPMENT, LTD., PLAINTIFF, VS. DANIEL W. STORM, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 8, 2023 and a subsequent Order entered October 13, 2023; The judgment against the Defendants, plus costs, is as follows: The sum in the amount of $68,552.36, plus any attorney’s fees; Court costs associated, and pre-judgment interest and post-judgment interest at the rate agreed by the parties, plus additional amounts permitted. Property Address:  Lot# 9 Lucy Lay Hollow Road, Williamsburg, KY 40769. Parcel/Map ID#: 149-00-00-018.09

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Dated this 21st day of November, 2023.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P.O. BOX 1344, CORBIN, KY 40702

PHONE: 606-528-0616

Legal Notices for 11-22-2023

PUBLIC NOTICE:

I, Joseph Robert Sells am divorcing Meagan Ryan Cashion! This is your Public Notice!

NOTICE TO DIANA CROLEY:

To the above individual, I have been appointed Warning Order Attorney to notify you of Civil Action No. 23-CI-00196, Pennymac Loan Services, LLC vs Diana Croley et al. Knox Circuit Court.

You have fifty days from November 1, 2023 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

CITY OF WILLIAMSBURG, KENTUCKY

BOARD OF ZONING ADJUSTMENT

NOTICE OF PUBLIC HEARING AND MEETING

You are hereby notified that the Board of Zoning Adjustment for the City of Williamsburg, Kentucky, will hold a public hearing on Monday, December 4, 2023, at 5:00 p.m. in the Williamsburg City Hall Council Chambers, 423 Main Street, Williamsburg, Kentucky, to consider an appeal of the Zoning Administrator’s decision to issue a building permit for construction of a duplex on a vacant lot on High Street (also known as 32 High Street) in an R-2 (Duplex/Multi-Family Residential) District in Williamsburg, Kentucky.  Immediately after conclusion of the public hearing the Board of Adjustment will hold a meeting to consider/decide the appeal.

GAIL BORDES, CHAIRPERSON

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918‐0511, NW_1

In accordance with KRS 350.055 notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for a new permit (NW) for a surface contour, auger/highwall coal mining and reclamation operation. The new permit encompasses 89.58 acres of surface disturbance and 198.18 acres of Auger/HWM (shadow area). The permit is located approximately 2.0 miles east of Williamsburg in Whitley County.

The proposed operation is approximately 3.75 East of KY Hwy 25 junction with KY 92 and located 0.16 miles North of the confluence of Bradford Branch with the Cumberland River.

The proposed operation is located on the Williamsburg, Saxton and Rockholds, KY 7½ minute quadrangle maps. The operation will use a combination of contour, and auger/highwall miner methods of surface mining. The surface and auger/highwall mining area is owned by J. Andrew Croley and, his wife, Tracy Croley.

This is the final advertisement of the 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 and Reclamation and Enforcement’s, 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 Mine Permits, 300 Sower Boulevard, 2nd Floor Frankfort, Kentucky 40601.

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0514

In accordance with KRS 350.055, notice is hereby given that Torchlight Energy Inc, 1658 Torchlight Road, Louisa KY 41230 has applied for a permit for a surface coal mining and reclamation operation located 2.50 miles north-west of Louden in Whitley County.  The proposed operation will add 31.50 acres of surface disturbance and will underlie an additional 89.00 acres making a total area of 120.50 acres within the permit boundary.

The proposed operation is approximately 2.0 miles North from KY 92’s junction with Maple Creek Road and located 0.10 miles northeast of Maple Creek.

The proposed operation is located on the Rockholds U.S.G.S. 7 ½-minute quadrangle map. The surface and underground area to be disturbed is owned by Thomas & Clara Hartung.  The operation will use the Highwall/Auger miner methods of surface mining.

The application has been filed for public inspection at the Division of Mining Reclamation and Enforcement Middlesboro Regional Office, 1804 E. Cumberland Ave, Middlesboro, KY 40965.  Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, 300 Sower Blvd., Frankfort, Kentucky 40601.

INDEPENDENT AUDITOR’S REPORT

Whitley County Clerk’s Office in accordance with KRS424.220, the audit report is on file at the County Clerk’s Office and available for public inspection. Copies available at the cost of .50 per page. It is also available at the

Auditor of Public Accounts’ Website www.auditor.ky.gov

Carolyn Willis, Whitley County Clerk