Legal Notices for 1/26/11, page 1

 

 Notice of Intention to Mine

Pursuant to Application Number 918-0422

In accordance with KRS 350.055, notice is hereby given that Mountainside Coal Co., Inc.; 7692 South Hwy. 25W; Williamsburg, Kentucky 40769 has applied for a permit for a surface coal mining and reclamation operation. The proposed operation will disturb 412.9 surface acres and will underlie 201.1 acres, and the total area within the permit boundary will be 614.0 acres.

The proposed operation is located on the Harpes Creek Road, approximately 1.5 miles northeast of the Community of Siler in Knox and Whitley Counties, Kentucky. The Latitude is 36°41’51”N. The Longitude is 83°55’53”W.

The proposed operation is located on the Frakes U.S.G.S. 7½ minute quadrangle map at approximately 1,600’ north from Harpes Creek. The operation will use the Contour and Auger methods of mining. The surface area is owned by Corrigan TLP LLC, TKY Acquisition, LLC, and Ed B. Jones. The operation will not affect an area within 100 feet of a public road. The operation will not involve relocation and/or closure of a public road.

The application has been filed for public inspection at the Department for Surface Mining 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 Permits; #2 Hudson Hollow Road, U.S. 127 South; Frankfort, Kentucky 40601.

 

 NOTICE OF BOND RELEASE

(1) In accordance with the provisions of KRS 350.093, notice is hereby given that G & S Coal, Inc., 11016 Highway 92 East, Williamsburg, KY 40769, has applied for a Phase I bond release of Permit No. 918-0380, Increment #11, which was last issued on 1-30-2008.  This application covers an area of 39.08 acres of surface area and located 2.8 miles southeast of Nevisdale in Whitley County. 

(2) The permit area is located in at the head of Rose Creek approximately 2.1 mile north-northeast of Patterson Creek Road’s junction Rose Creek Road.  The latitude is 36° 39’ 22”.  The longitude is 84° 02’ 28”. 

(3) The KY Bonding Pool and letter of credit bonds now in effect total $90,200.00, of which approximately 60 percent is requested to be included in this phase of bond release. 

(4) Reclamation work performed includes:   As of November 1, 2010, the mine site has been backfilled and graded, and seeded and mulched according to the revegetation plan.    

(5) Written comments, objections, and requests for a public hearing must be submitted to the Cabinet at:  Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY  40601, by March 4, 2011. 

(6) A public hearing has been scheduled for 9:00 a.m. on March 7, 2011, at  the Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, KY  40965.  This hearing will be canceled if the Cabinet does not receive a request in writing for the public hearing by March 4, 2011.

 

NOTICE OF BOND RELEASE

(1) In accordance with the provisions of KRS 350.093, notice is hereby given that G & S Coal, Inc., 11016 Highway 92 East, Williamsburg, KY 40769, has applied for a Phase I bond release of Permit No. 918-5186, which was last issued on 5-05-2009.  This application covers an area of 8.3 acres of surface area and located on Coalstone Branch in Whitley County. 

(2) The permit area is approximately 0.8 miles southwest of KY Route 904’s junction with KY 92 at Siler, KY.  The latitude is 36° 41’ 15”.  The longitude is 83° 58’ 42”. 

(3) The KY Bonding Pool bond, letter of credit, and cash bonds now in effect is $31,300.00, of which approximately 60 percent is requested to be included in this phase of bond release. 

(4) Reclamation work performed includes:   As of October 15, 2010, the mine site has been backfilled and graded, and seeded and mulched according to the revegetation plan.    

(5) Written comments, objections, and requests for a public hearing must be submitted to the Cabinet at:  Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY  40601, by March 4, 2011. 

(6) A public hearing has been scheduled for 10:00 a.m. on March 7, 2011, at  the Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, KY  40965.  This hearing will be canceled if the Cabinet does not receive a request in writing for the public hearing by March 4, 2011.

 

NOTICE OF BOND RELEASE

(1) In accordance with the provisions of KRS 350.093, notice is hereby given that G & S Coal, Inc., 11016 Highway 92 East, Williamsburg, KY 40769, has applied for a Phase I bond release of Permit No. 918-5172, which was last issued on 5-18-2007.  This application covers an area of 8.5 acres of surface area and located 1.2 miles southeast of Gausdale in Whitley County. 

(2) The permit area is approximately 0.75 mile northeast of Power Branch Road’s junction with KY Route 11, and 0.25 mile north of Powers Branch.  The latitude is 36° 44’ 21”.  The longitude is 83° 58’ 09”. 

(3) The KY Bonding Pool and cash bonds now in effect total $18,200.00, of which approximately 60 percent is requested to be included in this phase of bond release. 

(4) Reclamation work performed includes:   As of April 15, 2010, the mine site has been seeded and mulched according to the Revegetation Plan.    

(5) Written comments, objections, and requests for a public hearing must be submitted to the Cabinet at:  Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY  40601, by March 4, 2011. 

(6) A public hearing has been scheduled for 11:00 a.m. on March 7, 2011, at the Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, KY  40965.  This hearing will be canceled if the Cabinet does not receive a request in writing for the public hearing by March 4, 2011.              

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0425, Renewal

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 renewal of a permit for a surface coal mining and reclamation operation affecting 390.85 acres located 3.2 miles southeast of Nevisdale in Whitley County.

The proposed operation is approximately 2.7 miles southeast from Keswick-Gatliff Road’s junction with KY 904 and located near the head of Cane Creek.

The proposed operation is located on the Frakes and Saxton, KY 7½ minute quadrangle maps.  The operation will use the surface area and auger method of surface mining.  The surface area to be disturbed is owned by Tommy Gambrel and Jack Stewart, Gibbs & St. Clair Heirs and Less Gibbs.

The application has been filed for public inspection at the Department for Mining 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, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

NOTICE TO TERRI BUNCH:

To, Terri Bunch, I have been appointed Warning Order Attorney to notify you of Civil Action No. 10-CI-00522, Fifth Third Mortgage Cmpany vs. Unknown Defendants, who are the Heirs or Devisees or Legatees of Pamela Ann Abney and their Spouses and any Unknown Person who may have an interest in the property which is the subject matter of this action, Terri Bunch, et al., Whitley Circuit Court.

You have fifty days from December 10, 2010 to file an answer or other pleadings in this case, or judgement 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. II

CIVIL ACTION NO. 09-CI-00655

CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO CITIFINANCIAL MORTGAGE COMPANY, INC., PLAINTIFF, VS. RUTH FIVECOAT; RICK FIVECOAT; COUNTY OF WHITLEY; CITY OF CORBIN; JAMOS FUND 1, LP, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on December 14, 2009, and subsequent Order entered on January 10, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, February 14, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Ruth Fivecoat, plus costs, are as follows:

(1) The principal sum in the amount of $55,928.00, plus interest from January 1, 2009 in the amount of $3,668.11, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $1,438.83, plus late charges in the amount of $423.17, plus Attorney fees (KRS 411.195) in the amount of $1,100.00, for a total in the amount of $62,558.11.

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

Beginning at a point in the west line of Kentucky Avenue at Wesley Mullins northeast line; thence running northwardly on said street and long the west line thereof 62 feet to the southeast corner of Leland Goodin; thence running westwardly with the Goodin line and parallel with the Mullins line 80 feet to a stake in the Goodin line; thence turning northwardly and parallel with Kentucky Avenue and running five feet to another stake in the Goodin line; thence running westwardly with the Goodin line and parallel with the Mullins line 25 feet to the east line of an alley; thence southwardly with said alley along the east side thereof and parallel with Kentucky Avenue 67 feet to the northwest corner of the Wesley Mullins property; thence eastwardly along the Wesley Mullins line 105 feet to the beginning corner.

Being the same property conveyed to Rick Fivecoat and Ruth Fivecoat, husband and wife, by deed dated May 30, 1997 and of record in Deed Book 393, Page 41, in the office of the Whitley County Clerk.

Said property address is: 1914 South Kentucky Avenue, 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 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 30 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.

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 25th day of January, 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. II

CIVIL ACTION NO. 10-CI-00261

COMMUNITY TRUST BANK, INC, Successor in interest to Community Trust Bank, N.A., PLAINTIFF, VS. ESTATE OF LEON SCEARSE, HOMER GOINS, individually and as Executor of the Estate, The UNKNOWN SPOUSE OF HOMER GOINS, and NATIONAL CITY BANK OF KENTUCKY, Now part of PNC Bank, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on December 28, 2010, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, February 14, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, ESTATE OF LEON SCEARSE, HOMER GOINS, individually and as Executor of the Estate, The UNKNOWN SPOUSE OF HOMER GOINS, and NATIONAL CITY BANK OF KENTUCKY, Now part of PNC Bank, plus costs, are as follows:

(1) The principal sum in the amount of $25,060.96, plus unpaid interest of $744.17, plus late charges of $125.12, less other fees of $863.00, for a total payoff of $26,793.25, plus interest and accruing daily at a rate of $2.2624478 (as of March 8, 2010).

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

Being a lot or parcel of land situated in Goldbug Subdivision, one fourth mile east of US Highway 25 at Goldburg, Kentucky, and fronting 100 feet on Kersey Street and 115 feet on Lane A, with a south side of lot being 98 feet and west side of lot being 135 feet; and being lot number 20 as shown on plat in Plat Book 3, Page 6, records of the Whitley County Court Clerk’s Office.

Being the same property conveyed to Leon Scearse by deed dated August 10, 1994 from Raymond Creekmore, single, and recorded in Deed Book 373, Page 394, Whitley County Clerk’s Office, Williamsburg, Kentucky.

This loan is further secured by a 1981 ALAD; VIN#: TNALAH1081.

Said property address is: 59 Kersey Road, Williamsburg, Kentucky 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  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 and should execution be levied thereupon, no replevy shall be allowed.  In the event said party is a junior lienholder other than the plaintiff then and in that event, said party shall not be required to make any cash deposit or bond.  At the end of thirty (30) days, the said party shall pay the full purchase price.

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 25th day of January, 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. 10-CI-00763

HSBC MORTGAGE SERVICES INC., Assignee of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ACCREDITED HOME LENDERS, PLAINTIFF, VS. LEONARD CARPENTER; KARAN CARPENTER; CITIFINANCIAL INC.; JAMOS FUND I; WILLIAMSBURG NATIONAL BANK; AND TAX EASE LIEN SERVICING, LLC., DEFENDANTS.

 NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on January 10, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, February 14, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Leonard Carpenter and Karan Carpenter, jointly and severally, and In Rem Default Judgment against the interests of the Defendants, Leonard Carpenter, Karan Carpenter, and CitiFinancial Inc, jointly and severally, are as follows:

(1) The principal sum in the amount of  $72,110.51, together with accrued interest thereon at the current Note rate of 8.75% per annum starting from April 1, 2010, until fully paid, plus costs expended, plus Plaintiff’s attorney fees of $2,500.00, pursuant to KRS 411.195.

(2) Plaintiff is awarded an In Rem Judgment on the Pleadings as to the interests of the Defendants, Jamos Fund I and Forcht Bank, successor-in-interest to Williamsburg National Bank.

(3) Plaintiff is awarded an In Rem Judgment on the Pleadings as to the interest of the Defendant, Tax Ease Lien Servicing LLC.

(4) To Secure said Judgment described in Paragraph 1, above, Plaintiff is hereby adjudged to have a lien against the real property and appurtenances located thereon.

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

A certain tract or parcel of land lying in Whitley County, Kentucky, and being part of the same land conveyed to Barbara Ball Goodlet by deed from James Ball and wife, Betty Sue Ball, dated June 2, 2000, and recorded in Deed Book 420, Page 675, Whitley County Court Clerk’s Office, and bounded and described as follows:

Tract No. 1: Being Lot #4 of the Davenport Estate as shown in Map Book 4, Page 137, Slide 333, Whitley County Court Clerk’s Office, and reference is made to the Map Book 4, Page 137 for description the same the same as if copied in full herein.

Being the same property conveyed to Leonard Carpenter and Karan Carpenter from Janet Ball and Connie Howard by Deed recorded on October 14, 2005, and being of record in Book 464, Page 754, in the Office of The Clerk of Whitley County, Kentucky.

Said property address is: 164 Highway 204, 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 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.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative be the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by it.

3. 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 25th day of January, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616; FACSIMILE: (606) 528-0709

 

FINANCIAL STATUS REPORT

KAY SCHWARTZ, WHITLEY COUNTY CLERK

JAN 01, 2010 – DEC 31, 2010

RECEIPTS

USAGE TAX $ 1,650,808.90

VEHICLE LICENSES

TRANSFERS & TITLES 1,101,596.81

AD VALOREM TAX &

AD VALOREM TAX LIENS 2,244,758.90

DELINQUENT TAX &

DELINQUENT TAX LIEN FEES 838,852.13

FISH & GAME LICENSE 4,394.00

DOCUMENT RECORDING

FEES (DEEDS, ETC) 235,943.77

RECORDING MISC

(MARRIAGES, ETC) 130,202.45

DEED TRANSFER TAX 37,027.00

INTEREST 2,083.59

FRANCHISE BANK

DEPOSIT TAXES 96,257.40

TOTAL RECEIPTS 6,341,924.95

 

EXPENDITURES

USAGE TAX $ 1,601,245.25

VEHICLE LICENSES

TRANSFERS & TITLES 758,888.93

AD VALOREM TAX &

AD VALOREM TAX LIENS 2,136,530.71

DELINQUENT TAX &

DELINQUENT TAX LIEN FEES 763,058.04

FISH & GAME LICENSE 4,180.00

LEGAL PROCESS TAX REC &

AFFORDABLE HOUSING FUND 63,429.85

SALARIES, EX WORK, ETC.

OCCUPATIONAL/PAYROLL TAXES 507,832.05

DEED TRANSFER TAXES 35,175.62

RETIREMENT & INSURANCE 158,469.20

ELECTION EXP, EQUIP MAINT

EQUIP PURCHASE & ETC 99,777.16

OFFICE SUPPLIES, BRANCH

OFFICE RENT, POSTAGE, ETC 69,013.13

FRANCHISE BANK

DEPOSIT TAXES 96,257.40

TOTAL EXPENDITURES:           6,293,857.34

 

EXCESS RECEIPTS OVER EXPENDITURES:       $ 48,067.61

 

This settlement is subject to change after audit of public accounts!

Subscribed and sworn to before me by, Kay Schwartz, Whitley County Clerk, this 15th day of January, 2011.

KAY SCHWARTZ, CLERK – WHITLEY COUNTY

CAROLYN WILLIS, NOTARY PUBLIC – MY COMMISSION EXP: 11-30-2012