Legal Notices for 11/18/15
NOTICE OF BOND RELEASE
In accordance with KRS 350.093, notice is hereby given that Mountainside Coal Co., Inc., 7692 S. HWY 25W, Williamsburg, KY 40769 has applied for a Phase II Bond Release of Increments 2 and 3 on Permit #918-0464, which was last issued on March 19, 2014. The application covers an area of approximately 173.7 acres located 1.5 miles northwest of Frakes, KY in Whitley County.
The permit area is approximately 0.8 miles northeast from Mud Creek Road’s junction with KY 1595 and located along Doolin Branch. The latitude is 36° 39’ 08”. The Longitude is 83° 57’ 16”.
The bond now in effect on Increment 2 is Letters of Credit No. LC8011560 in the amount of $5,000.00 and NO. LC8010389 in the amount of $93,700.00. The bond now in effect on increment 3 is a Letter of Credit No. LC8010389 in the amount of $31,100.00.
Reclamation work performed includes: backfilling, grading, fertilizing, seeding and mulching, completed in November of 2012.
This is the final advertisement of the application. Written comments, objections or requests for a public or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY 40601, by December 18, 2015.
A public hearing on the application has been scheduled for 9:00 AM on December 21, 2015, at the Division of Mine Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229. The hearing will be cancelled if no request for hearing or informal conference is received by December 18, 2015.
NOTICE OF INTENTION TO MINE
Pursuant to Application Number 861-8015, Operator Change
In accordance with 450 KRS 8:010 notice is hereby given that BRC Alabama No. 3, LLC, 6100 Dutchmans Lane, 11th floor, Louisville, KY, 40205, intends to revise permit 861-8015 to change the operator. The operator presently approved in the permit is the permittee. The new operators will be Corbin Project LLC and Hendricks Corbin, LLC both located at 301 East Main Street, Suite 1100, Lexington, KY, 40507.
The operation is located 0.1 miles east of Corbin in Knox and Whitley Counties. It is approximately 0.7 miles east of KY 3041’s junction with KY 26 and located on Lynn Camp Creek. The operation is on the Corbin U.S.G.S. 7 1/2 minute quadrangle map.
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, KY, 40965. Written comments or objections must be filed with the Director, Division of Permits, 2 Hudson Hollow, U.S. 127 South, Frankfort, KY, 40601. All comments or objections must be received within 15 days of today’s date.
NOTICE OF INTENTION TO MINE
Pursuant to Application Number 861-8018, Transfer
In accordance with KRS 405 KAR 8:010, notice is hereby given that BRC Alabama No. 3,LLC, 6100 Dutchman’s Lane, 11th Floor, Louisville, KY 40205, intends to transfer permit number 861-8015, to Hendricks Corbin, LLC, 301 East Main Street, Suite 1100, Lexington, KY 40507. The new permit number will be 861-8018. The operation disturbs 469.5 surface acres. No new acreage is affected by the transfer.
The operation is located approximately 0.1 miles east of Corbin in Knox and Whitley Counties. The permit is 0.7 miles east of KY 3041’s junction with KY 26 and located on Lynn Camp Creek. The operation is located on the Corbin U.S.G.S. 7½ minute quadrangle map.
The application has been filed for public inspection at the Department for Natural Resources, Division of Mine Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965. Written comments or objections, or requests for a permit conference must be filed with the Director, Division of Permits, 2 Hudson Hollow, U.S. 127 South, Frankfort, KY, 40601. All comments or objections must be received within 15 days of today’s date.
Time Warner Cable’s agreements with programmers and broadcasters to carry their services and stations routinely expire from time to time. We are usually able to obtain renewals or extensions of such agreements, but in order to comply with applicable regulations, we must inform you when an agreement is about to expire. The following agreements are due to expire soon, and we may be required to cease carriage of one or more of these services or stations in the near future: WATE (SD & HD), WKRN (SD & HD), WBIR (SD & HD), WKYT (SD & HD, WKYT D2 (SD & HD), WTVF (SD & HD), WTVF D2, WTVF D3, WBBJ (SD & HD), WBBJ D3, WVLT (SD & HD), WVLT D2, WYMT, Youtoo, RFD, WPSD D2 Antenna TV, Pivot, HBO (SD & HD), HBO West, HBO2 (East & West), HBO Comedy, HBO Family (East & West), HBO Latino, HBO Signature (East & West), HBO Zone, HBO On Demand, Cinemax (SD & HD), Cinemax West, 5StarMax, ActionMAX (East & West), Max Latino, MoreMAX (East & West), MovieMAX, OuterMAX, ThrillerMAX, Cinemax On Demand, ShopHQ/EVINE Live, POP/TVGN, Music Choice (channels 901-950).
In addition, from time to time we make certain changes in the services that we offer in order to better serve our customers. The following changes are planned: None at this time.
Programming is subject to change. Not all services available in all areas. Restrictions may apply. For up-to-date listings of our packages and channels, visit our website at www.timewarnercable.com.
Public notice
The Whitley County Fiscal Court has received a $20,122.00 grant from the Emergency Food and Shelter National Board program for operation of local emergency food and shelter programs. The grant money will be allocated to nonprofit and government agencies that provide food and shelter to area residents. Existing agencies are encouraged to apply for the funds. The local board is made up of service organizations and local residents and will review applications. Under the terms of the grant from the national board, local governmental or private voluntary organizations chosen to receive funds must be non profit, have an accounting system and conduct an annual audit and have demonstrated the ability to deliver emergency food and or shelter programs. They must have a non-discrimination policy and if private voluntary organization, must have a board of directors. Qualifying organizations are urged to apply. Applications must be received by 8 AM, Monday, November 23, 2015. The local board will meet on Monday, November 23, 2015 at 8:30AM at the Whitley County Courthouse in the Fiscal Courtroom. If applications are received they will be reviewed at that time. The board will also be allocating money to existing organizations at that time. For more information contact, Amber Owens, at Judge/Executive Pat White Jr’s office, P.O. Box 237, Williamsburg, KY 40769 or 606-549-6000.
COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT DIVISION II
CIVIL ACTION NO. 15-CI-00328
CHARLES YOUNG and his wife, TAMMY YOUNG, PLAINTIFFS VS: AMY KIRKHAM; UNKNOWN SPOUSE OF AMY KIRKHAM; AMANDA COOPER; UNKNOWN SPOUSE OF AMANDA COOPER; KATHY YOUNG, F/K/A KATHY WINDNAGLE; JANICE DOUGLAS and her husband, LAVERNE DOUGLAS; 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 September 21, 2015. 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 Monday, December 7, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Amy Kirkham; Unknown Spouse of Amy Kirkham; Amanda Cooper; Unknown Spouse of Amanda Cooper; Kathy Young, F/K/A Kathy Windnagle; Janice Douglas and her husband, Laverne Douglas, plus costs, is as follows:
(1) The judgment is for land partition and out of the proceeds of the sale a reasonable attorney fee for Plaintiff’s attorney shall be reimbursed along with all costs incurred, and the balance of the sale proceeds shall be distributed as indicated in the judgment herein.
The property to be sold is as follows: Located in Whitley County, Kentucky:
PROPERTY ADDRESS: 6998 E. Highway 904, Williamsburg, KY 40769
FIRST TRACT: BEGINNING on a fence post in Theodore Power’s line, running northwest with the road 38 feet to a stone NE 87 feet to a stone; thence SE 38 back to Theodore Power’s line 87 feet with Theodore Power’s line to the BEGINNING.
SECOND TRACT: BEGINNING at the northwest corner of lot number 2, thence N 38’ 45” 115 feet to a stone; thence South 51’ 45” Est 93 feet to a stake; thence North 38’ 45” West 115 feet to a stake; thence South 51’ 45” West 93 feet to the BEGINNING.
There is excepted in a previous deed, for the benefit of Richard Jake Croley and wife, Nancy Croley, a roadway from the Southwest corner of Lot No. 2, thence with it North 38’ 39” West 115 feet to the BEGINNING corner.
BEING THE SAME PROPERTY conveyed to Nannie Young by deed from Dora Hamby, a widow, et al., dated September 20, 1988, recorded in Deed Book 528, Page 528 of the Whitley County Court Clerk’s Office.
AND
PROPERTY ADDRESS: Queener Hollow Road, Williamsburg, KY 40769
Tract No. 1: BEGINNING on a stake and small willow and running N 48½ E 11 poles and 18 links; thence S 49 E 18 poles; thence S 23 W 23 poles to a stake and willow at branch; thence N 89 W 7 poles and 9 links; thence N 1 E 7 pole; thence N 18 W 19 poles to the BEGINNING.
TRACT NO. 2: BEGINNING on a stake on North side of the branch 6 links from a small walnut near branch and running S 88 E 10 poles; thence 4½ E 10 poles; thence N 88 W 10 poles; thence N 4½ E 10 poles to the BEGINNING.
TRACT NO. 3: BEGINNING at the NW corner of Henry Young’s Tract No. 1 of land; thence N 37 degrees West 365 feet to stake; thence N 11 degrees West 180 feet to stake; thence N 79 degrees East 47 feet to NW corner of Henry Young Tract No. 2; thence S 35 degrees E 230 feet to a stake; thence N 43 degrees E 63 feet to a stake; thence N 23 degrees E 40 feet to a stake; thence leaving Tract No. 2 of land S 71 degrees E 122 to a stake; thence S 51 degrees E 140 feet to a stake; thence S 22 degrees West 160 feet to a stake; thence S 59 degrees West along North end of Tract No. 1 to the BEGINNING, 184 feet and this land about one half mile North from Cane Gap.
In previous deed, Louisville Property Co, reserved and excepted from Tract No. 3 above, the right of way to haul and bring out timber from other land owned by the Heirs of Henry Young.
BEING THE SAME PROPERTY conveyed to Nannies Young by deed from Dora Hamby, a widow, et al., dated September 20, 1988, recorded in Deed Book 528, Page 535 of the 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 ten percent (10%) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid. Signatures of principal and surety on the bond shall have the effect of a Judgment. In the event one of the parties to this action is the purchaser they shall be given credit against the purchase price in accordance with the purchaser’s ownership interest in the property.
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 year 2015 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. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.
Dated this 17th day of November, 2015.
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 I
CIVIL ACTION NO. 15-CI-00140
FORCHT BANK, NA, PLAINTIFF VS: JERRY NOE, and his UNKNOWN SPOUSE, if any: KENTUCKY TAX COMPANY, 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 October 12, 2015. 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 Monday, December 7, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendants, Jerry Noe and unknown spouse of Jerry Noe, if any, plus costs, is as follows:
(1) The sum in the amount of $36,125.93 as of July 27, 2015, plus interest thereon at the rate of 6.78% per annum until the date of judgment and thereafter at the maximum judgment rate until pain in full.
The property to be sold is as follows: Located in Whitley County, Kentucky:
PROPERTY ADDRESS: 322 Devils Creek Road, Corbin, KY 40701.
BEGINNING at a stone in the grantors line on the north side of the Young’s Creek Road; thence 150 feet West with the Young’s Creek Road to a stone in the Hench Hensley’s line; thence running with Hensley’s line North 435 feet to a stone in the grantors line and a corner of Hench Hensley; thence a straight line East 150 feet with grantors line to a stone in grantor’s line; thence South with the grantors line 435 feet to the beginning corner.
BEING THE SAME PROPERTY conveyed to Mortgagor by deed from Cathy Anita Noe, single, dated July 7, 2003 and recorded in Deed Book 445, Page 312 of the 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 ten percent (10%) down with the balance in thirty (30) days with interest at 12% per annum from the date of sale until paid. 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 for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and 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 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).
7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.
Dated this 17th day of November, 2015.
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. 15-CI-00251
FIRST STATE FINANCIAL, INC, PLAINTIFF, VS. APRIL RODESILER, single; 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 September 8, 2015, 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 Monday, December 7, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.
The Judgment against the Defendant, April Rodesiler, plus costs, is as follows:
(1) The sum in the amount of $40,894.37 as of April 27, 2015, plus interest thereon at the rate of 5% per annum until date of judgment and thereafter at 12% per annum until paid in full.
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
PROPERTY ADDRESS: 60 Brock Drive, Lot 13 Chestnut Hills, Corbin, KY 40701
Map #: 085-00-00-053.13
Said property is located in Whitley County, Kentucky, and described as follows:
A certain tract or parcel of land lying in Whitley County, Kentucky, and being Lot 13 Chestnut Hills Subdivision, Plat Cabinet 2, Page 404, Slide 404, Whitley County Court Clerk’s Office.
BEING ALL OF LOT 13 of the Chestnut Hills Subdivision, as shown by plat of record in Map Book 4, Page 256, Plat Cabinet 2, Slide 404, Whitley County Court Clerk’s Office.
There is excepted any restrictions, stipulations and easements of record affect the property.
BEING THE SAME PROPERTY conveyed to April Rodesiler, unmarried, by deed from Bell-Whitley Community Action Agency, Inc., dated August 24, 2009, recorded November 20, 2009 in Deed Book 493, Page 234 of the 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 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% per annum from the date of sale until paid. 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, for a sum less than its Judgment, then, they shall only be required to pay the costs and expenses of the Commissioner’s Sale, 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 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).
7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.
Dated this 17th day of November, 2015.
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. 14-CI-00658
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, PLAINTIFF VS. UNKNOWN SPOUSE OF TED L. LONGSWORTH; UNKNOWN HEIRS, DEVISEES, LEGATEES, ASSIGNS, ADMINISTRATORS, IF ANY, OF TED L. LONGSWORTH; UNKNOWN SPOUSES OF UNKNOWN HEIRS, DEVISEES, LEGATEES, ASSIGNS, ADMINISTRATORS, IF ANY, OF TED L. LONGSWORTH; THE UNION BANK OF JELLICO, TENNESSEE, DEFENDANTS
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 21, 2015, 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 Monday, December 7, 2015, at 12:00 p.m., or thereabout, the real property described in this Notice.
The in rem judgment against the Defendants, plus costs, is as follows:
(1) The sum in the amount of $122,710.82, together with interest at a rate of 4.12500%, from 03/31/2015, until paid, plus additional fees, costs and expenses incurred.
The property concerned herewith is situated in Whitley County, Kentucky, with an address of 20763 Highway 190, Frakes, KY 40940, (with a Tax ID Number: 227-00-00-006.00), and is more particularly described as follows:
BEGINNING at the old road on a stone, thence north 355 ft. with the old county road to start a white oak; thence west crossing the highway 183 ft. to a willow in a branch; thence south down the branch 308 ft. to two hickorys; thence east crossing the highway 136 ft to the Beginning.
Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence.
Being the same property conveyed from Virginia L. Longsworth, unmarried, ex-spouse of Teddy L. Longsworth to Teddy L. Longsworth, unmarried, ex-spouse of Virginia L. Longsworth by virtue of a deed dated 07/13/2011 and recorded on 08/09/2011 at Deed Book 503, Page 599 of the Whitley County, Kentucky real estate records.
Prior title vested in Teddy L. Longsworth and wife, Virginia L. Longsworth with right of survivorship by Deed dated 05/29/2006 and recorded 05/30/2006 in Deed Book 469, Page 461.
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% per annum from the date of sale until paid. 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 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).
7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.
Dated this 17th day of November, 2015.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
P. O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616
PUBLIC NOTICE:
Please take notice that the City of Williamsburg, Whitley County, Kentucky, provides the following statement pursuant KRS 424.220 and KRS 91A.4046. The City of Williamsburg has completed its annual audit for the Fiscal Year 2014-2015 and copies are on file with the City of Williamsburg. For those individuals who wish to view said audit, a copy can be viewed at City Hall, 423 Main Street, Williamsburg.




