Whitley Co. native, former McCreary assistant principal indicted on sex charges

A Whitley County native and former McCreary County assistant principal was indicted last week on multiple sexual-related charges involving a minor.

 

Pair enters not-guilty pleas in fatal DUI crash

The Williamsburg man and Arizona woman facing charges in connection to a fatal DUI crash in January have each entered not-guilty pleas in their cases.

 

Master Commissioner Sales 4-3-2024

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, APRIL 15, 2024 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. II, CIVIL ACTION NO. 22-CI-176; CITIZENS BANK, N.A., PLAINTIFF, VS. JAMES FALGIONE, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 22, 2023, and a subsequent Order entered March 20, 2024. The In Rem judgment against the Defendants, plus costs, is as follows: The principal sum in the amount of $232,403.82, with interest from November 1, 2021 through May 25, 2023 in the amount of $9,526.99, plus pro rata MIP/PMI in the amount of $157.38, plus advancements for the protection of the property including taxes and insurance (negative escrow) in the amount of $8,409.25, plus late charges in the amount of $488.02, plus recoverable corporate advance in the amount of $1,313.53, for a total in the amount of $252,298.99, plus interest at the rate of $16.71 per diem (2.6250% per annum) from the above date until paid, plus late charges, advances for taxes and insurance, and it’s costs herein extended, plus attorney fee in the amount of $2,880.00, and any other advance made for sums advanced by Plaintiff per judgment. Property Address: 1307 Roosevelt Street, Corbin, KY 40701. Parcel/Map ID#:  138-30-01-002.02

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. II, CIVIL ACTION NO. 21-CI-609; MID SOUTH CAPITAL PARTNERS. LP, PLAINTIFF, VS. UNKNOWN HEIRS, LEGATEES AND DEVISEES OF CAROL DENISE MOORE, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 22, 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 $449.42, plus accrued interest in the amount of $655.54 through October 2023, administrative fees of $100.00, plus prelitigation attorney’s fees of $359.54; and tax year 2011 of $455.43, plus accrued interest in the amount of $609.70 through October 2023, administrative fees of $115.00, prelitigation attorney’s fees of $186.98, as well as litigation fees costs of $1,497.48, and reasonable attorney’s fees in the amount of $2,000.00, the total judgment as of the date of judgment being $6,429.00. Property Address: 385 long Bottom Road, Williamsburg, KY 40769. Parcel/Map ID#: 024-00-00-018.00

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 22-CI-543; APEX FUND SERVICES FOR CERES TAX RECEIVABLES, LLC, PLAINTIFF, VS. WILMA IVEY, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 8, 2024. 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 and 2013, in the sum in the amount of $1,555.16; plus administrative fees in the amount of $230.00; plus interest as of 01/22/2024 totaling $1,819.48 with a per diem rate of $.51 from that date until paid in full; plus prelitigation attorney fees of $815.94; plus litigation attorney fees of $3,831.13; plus costs of $1,364.93 for an amount due as of 01/22/2024 in the sum of $9,616.63, plus interest at 12% on the actual purchase price of the certificate(s) of delinquency. Property Address: 95 Dillard Road, Williamsburg, KY 40769. Parcel/Map ID#:  177-00-00-053.00

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. II, CIVIL ACTION NO. 23-CI-512; COLLIE J. BAKER, PLAINTIFF, VS. MARK LAWSON, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 21, 2024. 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 2009, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022, in the sum in the total amount of $9,700.81, including interest at 12%, applicable fees a, pre-litigation attorney fees of $475.00, litigation attorney fees of $2,000.00, and costs of $473.57. There are two mobile homes upon the property, being a 1968 12×50 MH W/ADD and a 1979 14×70 Parkwood that are being sold with the real property. Property Address: 18 E S Pittman, Road, Corbin KY 40701. Parcel/Map ID#: 071-00-00-00D1  and   Property Address: 10939 Cumberland Falls Highway, Corbin, KY 40701. Parcel/Map ID#: 071-00-00-001.00. THESE PROPERTIES AND MOBILE HOMES WILL BE SOLD TOGETHER AS ONE SALE.

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. I, CIVIL ACTION NO. 22-CI-299; ROCKET MORTGAGE, LLC F/K/A QUICKEN LOANS, LLC F/K/A QUICKEN LOANS INC., PLAINTIFF, VS. COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 4, 2024. The In Rem judgment against the Defendants, plus costs, is as follows: The principal sum in the amount of $21,482.94 from February 1, 2022; with interest from 01/01/2022 in the amount of $1,736.583 as of February 2, 2024 accruing thereon at the rate of 3.8750% per Anum ($2.28 per diem); plus late charges, amounts advances for taxes, insurance and other charges and costs, including Plaintiff’s attorney fees and costs incurred and accruing for a total amount of no less than $29,396.94 as of February 2, 2024, plus post-judgment interest thereon to accrue at the rate of 3.8750% per annum until paid. Plus and additional fees/costs, and any other advance made for sums advanced by Plaintiff per judgment. Property Address: 21248 Highway 190, Frakes, KY 40940. Parcel/Map ID#:  222-00-00-008.00

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COMMONWEALTH OF KENTUCKY, 34TH JUDICIAL CIRCUIT, WHITLEY CIRCUIT COURT, DIVISION NO. II, CIVIL ACTION NO. 23-CI-218; PENNYMAC LOAN SERVICES, LLC, PLAINTIFF, VS. KAREN F. WITT, ET AL, DEFENDANTS. Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 21, 2024. The in-rem judgment against the Defendants, plus costs, is as follows: The judgment in the sum of $110,351.72, plus interest at 4.00000% from the date referenced in the Account Status Affidavit, February 3, 2024, until paid; plus additional fees/costs and expenses and all advances in payment of ad valorem taxes, insurance premiums, assessments, weatherization and preservation of the Real Property. Property Address: 9 Virginia Avenue, Corbin, KY 40701.Parcel/Map ID#:  119-30-10-004.00

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Dated this 2nd day of April, 2024.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P.O. BOX 1344, CORBIN, KY 40702

PHONE: 606-528-0616

 

Legal Notices for 4-3-2024

NOTICE:

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

Sierra Rhinehart, 422 N. 3rd Street, Williamsburg, KY 40769 was appointed administratrix on 3/5/2024 for the estate of Larry Rhinehart (deceased), 422 N. 3rd Street, Williamsburg, KY 40769.  The attorney for the administratrix is Adam Sandefer, 718 18th Street, Corbin, KY 40701.

Kenneth Sawyers, 110 Paige Lane, Corbin, KY 40701 was appointed administrator on 3/19/2024 for the estate of Elsie Jean Sawyers (deceased), 110 Paige Lane, Corbin, KY 40701. The attorney for the administrator is Hon. Jeffrey K. Hill, P.O. Box 1605, Corbin, KY 40702.

Jordan Brooks, 1037 Foley Bend Road, Williamsburg, KY 40769 was appointed administrator on 3/19/2024 for the estate of Milo Christian Don Brooks (deceased), 1037 Foley Bend Road, Williamsburg, KY 40769. The attorney for the administrator is David Smith, P.O. Box 699, Corbin, KY 40702.

Mary Helton, 425 McNeil Corn Creek Road, Rockholds, KY 40759 was appointed executrix on 3/19/2024 for the estate of Allen Keith Helton (deceased), 425 McNeil Corn Creek Road, Rockholds, KY 40759. The attorney for the executrix is Hon. Jeffrey K. Hill, 400 South Main Street, Corbin, KY 40702.

Alice Bowling, 4571 Highway 1804, Williamsburg, KY 40769 was appointed administrator on 3/19/2024 for the estate of David Alan Leach (deceased), 200 Balltown Road, Apt. 8, Williamsburg, KY 40769. The attorney for the administratrix is Hon. Kimberly Frost, 201 Main Street, Williamsburg, KY 40769.

Jennifer Rhodes, 455 Hemlock Subdivision Road, Williamsburg, KY 40769 was appointed executrix on 3/26/2024 for the estate of Ruby Rhodes (deceased), 455 Hemlock Subdivision Road, Williamsburg, KY 40769. The attorney for the executrix is Hon. Eugene E. Siler III, P.O. Drawer 630, Williamsburg, KY 40769.

Jeff Steely, 530 North Silverbrook Drive, Unit 337, West Bent, WI 53090 was appointed administrator on 3/26/2024 for the estate of Betty Steely (deceased), 355 Ballard Ford East, Williamsburg, KY 40769.  The attorney for the administrator is Jeremy Bryant, 37 South Park Center Drive, Suite 6, Corbin, KY 40701.

Given under my hand this 29th day of March, 2024.

Gary W. Barton, Clerk

District & Circuit Courts

Whitley County/Williamsburg, KY 40769

 

NOTICE:

David Owens has filed the final settlement for the estate of Arnold Lee Owens (deceased). The settlement hearing will be held 5/7/2024 @ 11 am.

Philip Moses has filed the final settlement for the estate of Cora Sue Rose (deceased). The settlement hearing will be held 5/7/2024 @ 11 am.

Richard Mathes has filed the final settlement for the estate of Leland Robinson (deceased). The settlement hearing will be held 5/7/2024 @ 11 am.

Exceptions, if any, must be filed prior to May 1st, 2024.

The hearing will be held at Whitley District Court, 100 Main Street, Williamsburg, KY 40701

Given under my hand this 29th day of March, 2024.

Gary W. Barton

Whitley Circuit/District Courts

Williamsburg, KY 40769

 

NOTICE:

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

Matthew Nelson, 305 Hamblin Avenue, Corbin, KY 40701 was appointed as executor on 03/04/2024 for the estate of Imogene Nelson (deceased), 1013 W 8th Street, Corbin, KY 40701.

Steven Satterfield, 1371 S KY 11, Barbourville, KY 40906 & Sandi Greear, 240 Satterfield Road, Corbin, KY 40701 was appointed as administrator on 03/04/2024 for the estate of Kenneth Ray Satterfield (deceased), 240 Satterfield Road, Corbin, KY 40701.

Vickie Bryant, 201 N Mitchell Street, Corbin, KY 40701 was appointed as executrix on 03/18/2024 for the estate of Beulah Rogers (deceased), 201 N. Mitchell Street, Corbin, KY 40701.

Karen Gregory Farris, 309 West First Street, Corbin, KY 40701 was appointed as executrix on 03/25/2024 for the estate of Bruce Arnold Hood (deceased), 110 N. Poplar Ave., Corbin, KY 40701.

Robert Bargo, 9822 Magnolia River, San Antonio, Texas 78251 was appointed as executor on 03/25/2024 for the estate of Donal Tilmon Bargo (deceased), 70 Crawford Lane, Corbin, KY 40701.

Irven Robinson, 88 West Hinkle Street, Corbin, KY 40701 was appointed as executor on 03/25/2024 for the estate of Cheryl L Robinson (deceased), 88 West Hinkle Street, Corbin, KY 40701.

Given under my hand this 31st day of March, 2024.

Gary W. Barton, Clerk

District & Circuit Courts

Whitley County/Williamsburg, KY 40769

 

NOTICE:

Angela and William Petrey have filed the final settlement for the estate of Bobby C. Petrey (deceased). The settlement hearing will be set for 04/01/2024 at 9:00 am.

Exceptions, if any, must be filed prior to May 1st, 2024.

The hearing will be held at Whitley District Court, 100 Main Street, Williamsburg, KY 40701

Given under my hand this 31st day of March, 2024.

Gary W. Barton

Whitley Circuit/District Courts

Williamsburg, KY 40769

INVITATION TO BID

WHITLEY COUNTY FISCAL COURT

Mulberry Hollow Bridge Replacement

Sealed proposals for the following will be received by the Whitley County Fiscal Court in the manner and on the date hereinafter specified for the furnishing of a 33’ x 16’ bridge and deck, which is necessary for the replacement of the Mulberry Hollow Bridge.

Agencies must submit their bids to the Whitley County Judge Executive office, at the Whitley County Courthouse, 200 Main Street, Williamsburg Kentucky, 40769, on or before 3:00 p.m. local time on Monday, April 15th 2024.  At this time the bids will be opened and read aloud.  Bids will be presented to the Fiscal Court at the regular scheduled meeting, which is 4:00 p.m. April 16th 2024.  Bids shall be marked “Mulberry Hollow Bridge” on the front of the envelope, or package.

Bidder must present a Kentucky Engineer stamped set of plans to the Whitley County Fiscal Court after the bid has been awarded.

Conflicts of interest, gratuities, and kickbacks are defined in KRS 45A.445 and as provided for in KRS45A.445 are absolutely prohibited.

No bidder may withdraw his/her bid for 90 days after the date the bids are opened.  Any bid received after the time specified shall not be considered, and will be returned unopened to the bidder.

Whitley County reserves the right to waive any informality and may reject any and all bids. Whitley County reserves the right to award based upon availability, service and in the best interest for the citizens of the County.  Whitley County is an Equal Opportunity Employer.

The deck must meet the following standards:

Be constructed of ASTM A588 Weathering Steel with open grid deck.

Be AASHTO approved.

Be adequate to carry HS 20-44 loading.

Meet all Kentucky load and engineering requirements.

Have “W” face guardrail with mounts and end treatments.

Contractor will deliver bridge deck to construction site and be available to provide technical support to the installation crew.

 

Electronic Edition For 4-3-24

 

Jury trial set for Corbin man accused beating three-year-old child to death

A jury trial has been set for the Corbin man accused of beating a three-year-old child to death last February, though it will still be quite some time before the case is presented to jurors.

 

New CHS athletic facility named

A new athletic facility on the Corbin High School campus, which serves the tennis, softball, track and cross country, now officially has a name.

 

House Bill 509 presents a dangerous loophole that promotes less transparency in government

Laws. Why do we even bother to have them?

Let’s take stealing for instance.

Unless you have some type of mental defect, then you know that stealing from someone is wrong. The vast majority of folks in the world are pretty good people, and don’t steal from others. This isn’t to say that no one steals.

We put laws in place, in part, so there are safeguards to discourage people from doing the wrong thing, such as stealing. Sometimes, we need laws to punish them when they do the wrong thing.

Think of our laws like guardrails, which are meant to keep society from careening off the proverbial cliff. Is this example a little melodramatic? Sure, but it makes my point that some laws are necessary even if certain things should be common sense.

Now, let’s consider open records and open meetings laws.

Our government is funded with taxpayer dollars. What the government does is, by and large, funded with taxpayer money whether it is money from the federal, state or local government.

Given that government business is funded with taxpayer money, then, we, the taxpayers, are by and large entitled to know what the government is doing.

I think just about everyone can agree that government meetings should be open to the public. Government officials at these meetings are doing the public’s business. Therefore, the public is entitled to see and hear what these government officials are doing.

What about government records?

With some exceptions, the Kentucky Open Records Act requires that most government documents be available for the public to view. Our tax money paid for them to be generated after all.

The Kentucky General Assembly is currently considering HB 509, which would amend the state’s open records act, and not in a good way.

Let’s start with the portion of the bill that isn’t bad.

HB 509 would require government agencies to furnish each of its officers, board members, and commission members an agency-furnished email account for the purpose of conducting the business of the public agency.

The bill prohibits employees, board members, commission members, etc., from using an email account other than an agency-furnished email account or agency-designated email account to conduct the official business of that board, commission, public agency, etc.

Most of our government officials, employees, board members and so forth are pretty honest and straight forward people, who would abide by this law as it is intended.

It seems pretty straight forward, kind of like not stealing. Only use your government email for conducting government business so that the public knows what their government is doing.

Right about now, you are probably wondering why this would not be a good thing? This portion of the proposed law is, but as the old cliché goes, the devil is in the details.

What about those officials – kind of like those people who choose to steal – who don’t want to leave an electronic trail about what they are up to? What about the people, who deliberately want to circumvent public transparency rules? What about the people, who would find it more “convenient” not to have certain actions they took come out in public, which could happen if they used an email that is subject to the Kentucky Open Records Act?

One of the problems with HB 509 is that while it prohibits officials from using any other email account for government work, the proposed law says nothing about using other electronic means, such as text messages, Facebook Messenger, etc.

In short, it creates a giant loophole that officials can use get around the Kentucky Open Records Act.

If an open records request is filed with a governmental agency, the agency “shall only be required to search for or produce to a requesting party electronic information or documents” that are stored on official devices or on an official email account, the bill reads.

Keep in mind that use of text messaging in an effort to get around the Kentucky Open Records Act is already taking place.

First Amendment attorney Michael Abate, who represents the Kentucky Press Association, was one of five people last week to testify to the senate committee in opposition of this bill.

Abate noted that auditors investigating the Jefferson County Public School transportation debacle last fall were surprised by the lack of internal emails.

A Jefferson County Public School leader stated they “felt encouraged to use cell phone texting instead of district email because it was perceived that texting was less subject to open records requirements,” the audit read.

“That is going to be the norm. That is what everyone is going to do if you pass this bill. That is what is going to happen. It is human nature,” Abate testified. “I understand the desire to create email accounts. I think that is a good thing. On balance, this law doesn’t enhance transparency. It destroys it in a very un-American way where the citizens of Kentucky will no longer have access to records they have had for 40 years.”

So what prompted this legislation?

Last fall, the Kentucky Court of Appeals ruled in a case involving the Kentucky Fish and Wildlife Commission that text messages related to official commission business and stored on the personal cell phones of its members are public records generally subject to disclosure under the Open Records Act.

Senator Gex Williams (R) was one of three senators to vote no on the proposed bill during last week’s senate hearing.

“Privacy versus our governmental records, there is an issue there that absolutely, positively needs to be addressed, but we haven’t addressed it in a way that really accommodates the necessity for open records, government records to be available to citizens that are concerned,” Williams said during the hearing.

A fourth senator voted to pass during last week’s committee hearing. Six senators voted to approve the bill.

The bill has now had two readings on the senate floor.

The bill still needs a final vote on the senate floor and to be signed by the governor before it becomes law.

At this point, it only needs a final vote on the senate floor when the state legislature resumes its session on April 12 or on the last day, which is April 15.

I would strongly encourage the senate to vote against this bill, if it comes up for a vote. If the senate approves the measure, then I would encourage Gov. Andy Beshear to veto this bill.

It is bad legislation.

Never has the public benefited from less governmental transparency.

 

Bank robber’s request for a reduced prison sentence denied

A request to reduce a Corbin man’s six-and-a-half-year prison sentence for robbing a Laurel County bank is September 2022 has been denied.

 

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.