Legal Notices for 2-10-16
NOTICE OF INTENTION TO MINE
Pursuant to Application Number 918-0443, 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 Penn VA Operating Co. LLC.
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 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.
PUBLIC NOTICE
Due to the weather the LEPC meeting has been rescheduled to Feb 23, 2016 at 10:30AM in the Emergency Management Office, 100 Briar Creek Rd, Williamsburg, KY 40769
PUBLIC NOTICE
WHITLEY COUNTY EMERGENCY PLANNING COMMITTEE
Pursuant to Section 324, Title III of the 1986 Federal Superfund Amendments and Reauthorization Act (SARA) of 1986 (PL 99-499), the following information is provided in compliance with the Community Right-To-Know requirements of the SARA Law, and the open meetings and open records provisions of Kentucky Revised Statutes. Members of the public may contact the Whitley County Emergency Planning Committee by writing Danny Moses, Chairman of the Whitley County Emergency Planning Committee, PO Box 237, Williamsburg, KY 40769, or contact by telephone at (606) 549-6071. The Whitley County Emergency Planning Committee conducts meetings at Whitley County EM Director’s Office, 100 Briar Creek Park Rd, Suite 1, Williamsburg, KY 40769 or at other locations, in accordance with the Kentucky Open Meetings Law. Members of the public may request to be notified of regular or special meetings as provided in KRS 61.820 and KRS 61.825. Records of the Planning Committee, including the county emergency response plan, material safety data sheets, and inventory forms, or any follow-up emergency notices as may subsequent be issued, are open for inspection, and members of the public who wish to review these records may do so from 8:00 a.m. until 4:00 p.m. Eastern Time, Monday through Friday, at the 100 Briar Creek Park Road, Suite 1, Williamsburg, KY 40769, as required by the Kentucky Open Records Law. The local 24-hour telephone number for purposes of emergency notification, as required by SARA, is 911.
COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT DIVISION NO. II
CIVIL ACTION NO. 15-CI-00486
ROBBI D. STIVERS, CATHERINE STIVERS, KATHRYN STIVERS RENFRO, and KEITH RENFRO, PLAINTIFFS, V. LARRY J. STIVERS, and BRANCH BANKING AND TRUST COMPANY, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on November 13, 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, February 15, 2016, at 12:00 p.m., or thereabout, the real property described in this Notice.
The Judgment against the Defendant, Larry J. Stivers, 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.
PROPERTY ADDRESS: 800 Holy Lane, Corbin, KY 40701.
MAP/PARCEL NO# 138-10-10-006.00.
TERMS OF SALE
- The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.
- 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 shall only be required to pay costs and expenses of the sale and they may take a credit upon its judgment, and no down payment shall be required and no bond shall be executed by them.
- 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.
- The purchaser shall be required to assume and pay all taxes or assessments upon the property for the 2016 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.
- The property shall be sold subject to the following:
- Easements, restrictions and stipulations of record;
- Assessments for public improvements levied against the following real estate;
- Any facts which an inspection and accurate survey of the following described real estate may disclose.
- This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.
Dated this 26th day of January, 2016.
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. 12-CI-00511
TAX EASE LIEN INVESTMENTS 1, LLC, AKA TAX EASE LIEN SERVICING, LLC, PLAINTIFF, VS. ASCENCIO’S GROUP, INC.; JOSE A. PEREZ; UNKNOWN OCCUPANTS OF 985 GORDON STREET; BANK OF CORBIN; COMMONWEALTH OF KENTUCKY, CITY OF CORBIN; U.S. BANK CUSTODIAN SASS MUNI V DTR; JAMOS FUND 1, LP; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, 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, February 15, 2016, at 12:00 p.m., or thereabout, the real property described in this Notice.
The In Rem Judgment against the Defendants, ASCENIO’S GROUP, Inc., plus costs is as follows:
(1) The amount of $707.83 for the tax year 2009, plus accrued statutory simple interest thereon at the rate of 12% per annum from the date of assignment of the Certificate of Delinquency to the Tax Ease until paid; and for expenses, costs and attorney fees incurred herein.
The real property that is the subject to this action is known as 985 Gordon Street, Corbin, KY 40701; PARCEL/MAP ID# 137-10-10002.00.
TERMS OF SALE
- The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.
- 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 the 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, and in that event, no down payment shall be required and no bond shall be executed by them.
- 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.
- The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year all subsequent years after purchase. All taxes or assessments upon the property for the current year and all 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.
- The property shall be sold subject to the following:
- Easements, restrictions and stipulations of record;
- Assessments for public improvements levied against the following real estate;
- Any facts which an inspection and accurate survey of the following described real estate may disclose.
- 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).
- This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.
Dated this 26th day of January, 2016.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
P.O. BOX 1344, CORBIN, KY 4070; PHONE: 606-528-0616
COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT DIVISION NO. II
CIVIL ACTION NO. 14-CI-00416
DEUTSCHE BANK TRUST COMPANY AMERICAS F/K/A BANKERS TRUST COMPANY, AS TRUSTEE FOR SAXON ASSET SECURITIES TRUST 2000-3, MORTGAGE LOAN ASSET BACKED CERTIFICAES, SERIES 2000-3, PLAINTIFF, VS. GLORIA MORGAN; MARY MORGAN; MRC RECEIVABLES CORP., INC.; LVNV FUNDING LLC; and MIDLAND FUNDING LLC, 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, February 15, 2016, at 12:00 p.m., or thereabout, the real property described in this Notice.
The In Rem Default Judgment against the Defendants, Gloria Morgan, Mary Morgan, LVNV Funding LLC, Midland Funding LLC, and MRC Receivables Corp., Inc., plus costs, is as follows:
(1) The principal balance of $32,026.90, together with accrued interest thereon at the current Note rate of 10.94% per annum starting from June 1, 2012, until fully paid, plus any other charges which have accrued, plus Plaintiff’s costs expended, plus attorney fees of at least $1,700.00.
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
Property Address: 2105 South Main Street, Corbin, KY 40701-2035
PIDN:138-30-29-022-00
TERMS OF SALE
- The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.
- 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, no down payment shall be required and no bond shall be executed by them.
- 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.
- 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.
- The property shall be sold subject to the following:
- Easements, restrictions and stipulations of record;
- Assessments for public improvements levied against the following real estate;
- Any facts which an inspection and accurate survey of the following described real estate may disclose.
- 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).
- This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.
Dated this 26th day of January, 2016.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
P.O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616
COMMONWEALTH COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT DIVISION NO. II
CIVIL ACTION NO. 15-CI-00066
CARRINGTON MORTGAGE SERVICES, LLC, PLAINTIFF, VS. BRENDA CARTER; BRYAN MCDONALD; UNKNOWN SPOUSE, IF ANY, BRENDA CARTER; UNKNOWN SPOUSE, IF ANY, OF BRYAN MCDONALD; AND UNITED STATES OF AMERICA, DEPARTMENT OF AGRICULTURE, RUAL HOUSING SERVICE, 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, February 15, 2016, at 12:00 p.m., or thereabout, the real property described in this Notice.
The In Rem Default Judgment against the Defendants, Brenda Carter, Bryan McDonald, and Unknown Spouse, if any, of Brenda Carter, and Unknown Spouse, if any, of Bryan McDonald, jointly and severally, plus costs, is as follows:
(1) The principal balance of $75,349.30, together with accrued interest thereon at the current Note rate of 6.875% per annum starting from March 1, 2014, until fully paid, plus any other charges which have accrued, plus Plaintiff’s costs expended, plus attorney fees of at least $2,500.00.
The said real property is located in Whitley County, Kentucky and is more specifically described as follows:
Property Address: 1094 Gordon Hill Pike, Corbin, KY 40701
PIDN: 137-10-05-020.00
TERMS OF SALE
- The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.
- 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, no down payment shall be required and no bond shall be executed by them.
- 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.
- 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.
- The property shall be sold subject to the following:
- Easements, restrictions and stipulations of record;
- Assessments for public improvements levied against the following real estate;
- Any facts which an inspection and accurate survey of the following described real estate may disclose.
- 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).
- This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.
Dated this 26th day of January, 2016.
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-00250
JPMORGAN CHASE BANK, N.A., PLAINTIFF VS.SHAUN DAVIS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO COUNTRYWIDE BANK, FSB; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE DIVISION OF COLLECTIONS; FIRST NATIONAL BANK AND TRUST COMPANY OF CORBIN; UNKNOWN SPOUSE OF ERIC BURGAN; UNKNOWN SPOUSE OF KATHY BURGAN, DEFENDANTS
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 5, 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, February 15, 2016, at 12:00 p.m., or thereabout, the real property described in this Notice.
The in rem judgment against the Defendant, Shaun Davis, plus costs, is as follows:
(1) The sum in the amount of $148,902.96, plus interest at a rate of 4.62500%, from 06/30/2015, until paid, plus additional fees, costs and expenses incurred.
The property concerned herewith is situated in Whitley County, Kentucky, with an address of 922 Scuffletown Road, Corbin, KY 40701 (Tax ID Number: 120-30-01-034.00).
TERMS OF SALE
- The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.
- 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.
- 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.
- The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current 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.
- The property shall be sold subject to the following:
- Easements, restrictions and stipulations of record;
- Assessments for public improvements levied against the following real estate;
- Any facts which an inspection and accurate survey of the following described real estate may disclose.
- 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).
- This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.
Dated this 26th day of January, 2016.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
P.O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616
NOTICE TO CUSTOMERS OF KENTUCKY UTILITIES COMPANY RECOVERY BY ENVIRONMENTAL SURCHARGE OF KENTUCKY UTILITIES COMPANY’S 2016 ENVIRONMENTAL COMPLIANCE PLAN
PLEASE TAKE NOTICE that Kentucky Utilities Company (“KU”) filed with the Kentucky Public Service Com- mission (“Commission”) on January 29, 2016 in Case No. 2016-00026, an Application pursuant to Kentucky Revised Statute 278.183 for approval of an amended compliance plan (“KU’s 2016 Environmental Compliance Plan”) for the purpose of recovering the capital costs associated with new pollution control facilities through an increase in the environ- mental surcharge on customers’ bills beginning August 31, 2016 under KU’s existing Electric Rate Schedule ECR, also known as the environmental cost recovery surcharge. The total capital cost of the projects in KU’s 2016 Environmental Compliance Plan is estimated to be $678 million.
Federal, state, and local environmental regulations require KU to build and upgrade equipment and facilities that produce energy from coal to operate in an environmentally sound manner. Specifically, KU is seeking Commission approval of Certificates of Public Convenience and Necessity for the construction of Phase II of the landfill at the E.W. Brown Generation Station (“Brown”), and to close coal-combustion-residual (“CCR”) ponds and construct new process- water facilities at Brown, the Ghent Generating Station (“Ghent”), and the Trimble County Generating Station. Each construction project is component of KU’s 2016 Environmental Compliance Plan.
KU is also seeking an order declaring that CCR pond closures at the Green River Generating Station, Pineville Generating Station, and Tyrone Generating Station are ordinary extensions of existing systems of the usual course of business.
Lastly, KU is seeking an order approving an amended compliance plan for purposes of recovering the costs of new pollution control facilities through its Environmental Surcharge tariff. These projects are required for KU to comply with the federal Clean Air Act as amended, the U.S. Environmental Protection Agency’s new rule on the Disposal of CCR from Electric Utilities, the Mercury Air Toxics Standards, and other environmental requirements that apply to KU facilities used in the production of energy from coal. In addition to the projects described above, additional projects in KU’s 2016 Environmental Compliance Plan include installing improvements to the Wet Flue Gas Desulfurization systems on Ghent Unit 2 and installing improvements to the mercury-related control equipment of Ghent Units 1-4, thereby allowing additive injections to mitigate mercury emissions. The total capital cost of the new pollution control facilities for which KU is seeking recovery at this time is estimated to be $640 million. Additional operation and maintenance expenses will be incurred for certain projects in KU’s 2016 Environmental Compliance Plan and are costs that KU is requesting to recover through the environmental surcharge in its application.
The impact on KU’s customers is estimated to be a 2.06% increase in 2016 with a maximum increase of 3.35% in 2019. For a KU residential customer using 1,146 kilowatt hours per month, the initial monthly increase is expected to be $2.16 during 2016, with the maximum monthly increase expected to be $3.52 during 2019.
The Environmental Surcharge Application described in this Notice is proposed by KU. However, the Public Service Commission may issue an order modifying or denying KU’s Environmental Surcharge Application. Such action may result in an environmental surcharge for consumers other than the environmental surcharge described in this Notice.
Comments regarding KU’s 2016 Environmental Surcharge Plan and Application may be submitted to the Public Service Commission through its Web site or by mail to the Public Service Commission, Post Office Box 615, Frankfort, Kentucky 40602.
Any corporation, association, body politic or person may, by motion within thirty (30) days after publication, request leave to intervene in Case No. 2016-00026. That motion shall be submitted to the Public Service Commission, 211 Sower Blvd., P.O. Box 615, Frankfort, Kentucky, 40602, and shall set forth the grounds for the request including the status and interest of the party. Intervention may be granted beyond the thirty (30) day period for good cause shown, however, if the Commission does not receive a written request for intervention within thirty (30) days of initial publication, the Commission may take final action on the application. Any person who has been granted intervention may obtain copies of the Application and testimony by contacting Kentucky Utilities Company at 220 West Main Street, Louisville, Kentucky, 40202, Attention: State Regulation and Rates.
A copy of the Application and testimony is available for public inspection on KU’s website (http://www.lge- ku.com), on the Commission’s website (http://www.psc.ky.gov), and in paper medium Monday through Friday, 8:00 a.m. to 4:30 pm at the office of Kentucky Utilities Company, 100 Quality Street, Lexington, Kentucky 40507 or the Commission’s offices located at 211 Sower Boulevard, Frankfort, Kentucky, after January 29, 2016.