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Legal Notices for 7/6/2011, page 2



 

 the same map number by the Whitley County Property Valuation Administrator, and declaratory judgment adjudging the property ownership should be entered in the Whitley Circuit Court or a new survey performed to determine the location and ownership interest of all parties.

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 sixty (60) days with interest at 12%.  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 payment shall be required and no bond shall be executed by them.  In the event that the successful bidder is a junior lienholder other than the Plaintiff, than at the end of the sixty (60) 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 17th day of June, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  II

CIVIL ACTION NO. 10-CI-00978

PILGRIM ENERGY, INC., PLAINTIFF, VS. NEIL H. SINGER; and WILLIAM GROOME, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 9, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Neil H. Singer and William Groome, plus costs, is as follows:

(1) $220.83 being Pilgrim’s acquisition cost of the 2000, 2004, 2005, and 2006 tax bills made the basis of this suit, plus $52.98 twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009; actual and reasonable attorney’s fees of $500.00; Court costs and service costs of $210.64; and Master Commissioner and Appraisers fees.

(2) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.0139042 working interest in Lease Name Otto Sulfridge 1, Lease Number 239/020

A 0.0139042 working interest in Lease Name E H Meadors 1, Lease Number 239/025

A 0.0139042 working interest in Lease Name W E Brooks 1, Lease Number 239/027

A 0.0139042 working interest in Lease Name Frank Cassidy 2, Lease Number 239/028

A 0.0139042 working interest in Lease Name Frank Patrick 2, Lease Number 239/030

A 0.0139042 working interest in Lease Name Bobby J Petrey 1, Lease Number 239/034

A 0.0139042 working interest in Lease Name Ronald Shupe 4, Lease Number 239/036

A 0.0139042 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.0139042 working interest in Lease Name E H Meadors 1, Lease Number 239025

A 0.0139042 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

A 0.0139042 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

A 0.0139042 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.0139042 working interest in Lease Name Frank Patrick 2, Lease Number 239030

A 0.0139042 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.0139042 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.0139042 working interest in Lease Name Bobby J Petery, Lease Number 239034

A 0.0139042 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by Phillip W. Megna together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest 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%.  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, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, 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 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, and leases of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey or inspection 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 17th day of June, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO.  I

CIVIL ACTION NO. 10-CI-00977

PILGRIM ENERGY, INC., PLAINTIFF, VS. PHILLIP W. MEGNA, DEFENDANT.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 2, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Phillip W. Magna, plus costs, is as follows:

(1) $214.82 being Pilgrim’s acquisition cost of the 2000, 2004, 2005, and 2006 tax bills made the basis of this suit, plus $51.50 twelve percent (12%) simple interest per annum from the date of Pilgrim’s acquisition of said bill on April 16, 2009, an administration fee of $400.00, and a pre-litigation attorney fees of $84.80; actual and reasonable attorney’s fees of $1,125.00; Court costs and service costs of $181.58; and Master Commissioner and Appraisers fees.

(2) To secure Pilgrim the above listed recovery, Pilgrim is adjudged to have liens on the following described property:

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

A 0.0128887 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.0128887 working interest in Lease Name Bobby J Petery 1, Lease Number 239034

A 0.0128887 working interest in Lease Name Bobby J Petrey 1, Lease Number 239/034

A 0.0128887 working interest in Lease Name E H Meadors 1, Lease Number 239/025

A 0.0128887 working interest in Lease Name Frank Cassidy 2, Lease Number 239/028

A 0.0128887 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.0128887 working interest in Lease Name Frank Cassidy 2, Lease Number 239028

A 0.0128887 working interest in Lease Name Frank Patrick 2, Lease Number 239/030 (Lease Number may have changed)

A 0.0128887 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.0128887 working interest in Lease Name Frank Patrick 3, Lease Number 239030

A 0.0128887 working interest in Lease Name Otto Sulfridge 1, Lease Number 239/020

A 0.0128887 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.0128887 working interest in Lease Name Otto Sulfridge 1, Lease Number 239020

A 0.0128887 working interest in Lease Name Ronald Shupe 4, Lease Number 239/036

A 0.0128887 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

A 0.0128887 working interest in Lease Name Ronald Shupe 4, Lease Number 239036

A 0.0128887 working interest in Lease Name W E Brooks 1, Lease Number 239/027

A 0.0128887 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

A 0.0128887 working interest in Lease Name Wm E Brooks 1, Lease Number 239027

TERMS OF SALE

1. Pilgrim’s lien is on the undivided natural gas interest in the described property; however, since the oil and natural gas are indivisible in that one (oil) cannot be produced without producing the other, the Court has ordered the sale of the oil and natural gas interest owned by Phillip W. Megna together, free and clear of all liens and claims of the parties hereto. This lien is also deemed to cover the to any unpaid proceeds or royalties from the well(s) located on said Property, which shall also be sold along with the undivided oil and natural gas interest. Said mineral interest (undivided oil and natural gas) is indivisible and cannot be divided without materially impairing its value and said mineral interest 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%.  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, and in that event, they may take a credit upon its Judgment, and shall only be required to pay court costs, the fees and costs of the Master Commissioner, and any real estate taxes, pro rata, 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 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, and leases of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey or inspection 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 17th day of June, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

CIVIL ACTION NO. 07-CI-00610

DIV. NO. I

COMMUNITY TRUST BANK, INC., PLAINTIFF, VS. ARNIE LEWIS (AKA ARNIE LEWIS, JR.) AND ROBIN LEWIS, HUSBAND AND WIFE; VINCENT DANIEL LEWIS, SR.; RANDALL SMITH; WHITLEY COUNTY, KENTUCKY; JOHN SIMCIK AND AMY SIMCIK, HUSBAND AND WIFE, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on March 3, 2008, and subsequent Order entered by the Whitley Circuit Court on May 13, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, July 11, 2011, at 12:30 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, Arnie Lewis (aka Arnie Lewis, Jr.), plus costs, are as follows:

(1) The sum of $209,411.39 plus unpaid interest of $10,553.75 plus late charges of $180.07, other fees of $2,116.00, for a total payoff of $222,261.21 plus interest at 2.0% in excess of the current index rate from July 12, 2007, until paid plus Court costs and a reasonable attorney fee. Interest accrues daily at $59.6240763 per day.

The property to be sold is as follows:

The real property or its address is commonly known as Spruce Creek Road, Corbin, Kentucky 40701.

Beginning at a fence post in right of way of Spruce Creek Road and U.S. 25W; thence with right of way U.S. 25W and fence N 45° 10’ E a distance of 193 feet to a post, corner of Clarence Adams’ land; thence turning and running with said Adams land N 3° 45’ E a distance of 614.40 to a steel pipe corner of Veach land; thence with Veach land N 2° 12’ W a distance of 647 feet to a steel post, corner of Jean Worley land; thence turning and running with said Worley land 13 feet to a steel bar corner of Bear Town Subdivision; thence turning and running with said subdivision land S 37° 29’ W a distance of 927 feet to a steel bar, corner of Odell Worley, Jr. land; thence turning and running with Worley land S 49° 26’ E to a steel post; thence turning and running with said Odell Worley, Jr. land S 37° 29’ W a distance of 240 feet to a steel post in right of way of Spruce Creek; thence turning and running with said right of way of said road S 49° 26’ E a distance of 557.30 feet to beginning containing a calculated area of 11.47 acres +-, more or less.

Being the same real property conveyed to Arnie Lewis by deed from Jean, Worley, widow, dated November 29, 2005, of record in Deed Book No. 465, Page 684. Also see deed from Odell Worley, Jr., et at, to Arnie Lewis, dated March 13, 2006, of record in Deed Book No. 467, Page 620, Whitley County Court Clerk’s Office.

There is excepted from the above-described property approximately 3.54 acres of property that was conveyed by deed dated January 17, 2007, from Arnie Lewis and Robin Lewis, husband and wife, to L & L Contracting and Custom Homes, LLC of record in Deed Book 474, Page 471, Whitley County Clerk’s Office.

There is also excepted from the above described property, the following property:

Beginning on set iron pin and cap in the northern edge of Spruce Creek Road (15 feet from approximate centerline) and in the eastern edge of a 20’ wide private drive, said pin also being located N 48-22-34 W 536.67 feet from the southeast corner of the parent tract and the intersection of Ky Highway 25W, thence leaving Spruce Creek Road and along the eastern edge of said private drive N 39-45-13 E 134.93 feet to a set iron pin and cap, a corner common to tract 2 of this division, thence with line common to tract 2 S 47-53-53 E 168.52 feet to a set iron pin and cap, thence leaving tract 2 and with a new division line S 33-34-24 W 134.15 feet to a set iron pin and cap in the northern edge of Spruce Creek Road (15 feet from approximate centerline), then with the northern edge of said road N 48-34-22 W 182.90 feet to the point of beginning, containing 0.54 acres by survey conducted March, 22, 2006, by Richard A, Reece, PLS#3358 with H&R Surveying. Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set 1/2” x 18” iron pin with orange plastic cap stamped H&R PLS#3358. All bearings given herein are referenced to the magnetic meridian, as obtained in the field on March 22, 2006, by taking random sight and turning angles therefrom.

Being a portion of the same property conveyed to Arnie Lewis, Jr., et ux., by deed dated November 29, 2005, and of record in Deed Book 465, Page 684, Whitiey 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 10% down with the balance in 60 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 2007 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 20th day of June, 2011.

DAVID S. HOSKINS, SPECIAL MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

107 EAST FIRST STREET, P.O. BOX 1185, CORBIN, KENTUCKY 40702-1185

TELEPHONE: (606) 526-9009; FACSIMILE: (606) 526-1021

 

NOTICE TO UNKNOWN DEVISEES OF TRACY DAVENPORT

I, Marcia A. Smith, have been appointed Warning Order Attorney for the “Unknown Devisees of Tracy Davenport,” to notify them of a lawsuit which has been filed against them in the Whitley Circuit Court, Williamsburg, Whitley County, Kentucky. If you are an heir of Tracy Davenport, or have any information regarding the whereabouts of any of said heirs, please contact me immediately at 606/528-5001.

MARCIA A SMITH, ATTORNEY AT LAW

PO BOX 699, CORBIN KY 40702

 

PUBLIC NOTICE

Request for Contractors/Sub-Contractors

Kentucky Highlands Investment Corporation (KHIC) and Southern Tier Housing Corporation (STHC) have several residential housing projects underway in Whitley county, and continue to seek qualified and experienced residential contractors/sub-contractors for residential construction projects.  Approved contractors/sub-contractors will be placed on a list to receive bid packages for current and future projects.  Applicants are required to furnish evidence of Workman’s Compensation and Comprehensive Public Liability Insurance Coverage, provide work and credit references, and be eligible to participate in federal projects.   For HUD Section 3 compliance, the contractor may, if applicable, undertake activities to increase utilization of lower income areas residents and businesses.  Those interested may obtain an application by contacting Darrell Kinnett, at (606) 641-0004 or (606) 307-4753 or dkinnett@windstream.net.  Local, small, minority and disadvantaged businesses are encouraged to apply.

Funding for some Whitley County housing project will be provided from Community Development Block Grant funding via the American Recovery and Reinvestment Act, for homebuyer units.  Other funding from federal, state, and/or private institutions and/or programs will also be used.  Contractors will be required to meet federal requirements and comply with reporting requirements.  Davis Bacon Wage Rates do not apply. “EQUAL EMPLOYMENT OPPORTUNITY”

 

ADVERTISEMENT FOR BID

The Whitley County Fiscal Court has declared surplus property and has the need to bid for purchase/removal of 22 wrecked/junked Crown Victoria police cruisers and is soliciting sealed bids for said purchase and removal. High bidder will have 10 business days to remove vehicles upon the awarding of the bid.

Potential bidders can view said vehicles at the County Road Department during normal business hours, 7 a.m.-3:30 p.m., Monday through Friday.

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

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

Bids must be sealed and brought to the Whitley County Judge Executive’s office prior to bid opening and no later than 1:45 p.m. on Monday, July 18, 2011. Bids will be opened at 2:00 p.m. in the Whitley County Fiscal Court Room on Monday, July 18, 2011. The bid will be awarded at the regular scheduled meeting of the Whitley County Fiscal Court on Tuesday, July 19, 2011 at 6 p.m. in the Whitley County Fiscal Court Room.

Point of contact will be Truman Prewitt, Road Supervisor, (606) 549-6016 or wpowers@2geton.net

 

NOTICE:

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

Eva Rice, 536 Jim’s Lane, Corbin, KY 40701 has been appointed administratrix for the estate of David Joseph Colyer, deceased, Dustin Gibson, PO Box 1546, Corbin KY 40702, is attorney for said estate. Betty S. Surmont, 1419 Sherwood Dr., Corbin, KY 40701 has been appointed executrix for the estate of Roy Lewis Owens, deceased. W. P. Todd Braden has been appointed administrator for the estate of Paul Braden, deceased. Julia Miller Sancken, 939 Russell St., Corbin, KY 40701 has been appointed executrix for the estate of Julian Miller, deceased, Graham C. Trimble, 104 N. KY Ave., Corbin, KY 40701, is attorney for said estate. Lisa Johnson, 1218 Oak Ridge Rd., Corbin, KY 40701 and Gary Gambrel, PO Box 2076, Corbin, KY 40702 have been appointed co-executors for the estate of Frances Gambrel, deceased, Whitley Co., Ky., Hon. Jeff Hill, 1506 S Main St., Corbin, KY 40701 is attorney for said estate. Jerry Brooks, PO Box 384, Harlan, KY 40831 has been appointed executor for the estate of Myrtle Grubbs, deceased, Whitley Co., Ky., Hon. Mary Ann Smyth, PO Box 1284, Corbin KY 40702, attorney for said estate.

All persons having claims against the said estates are requested to present same, verified according to law to the said appointees, not later than six months from said date of appointment.

Given under my hand this 30th day of June, 2011.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE:

Roy Clay Hobbs has filed the final settlement for the estate of Shirley J. Hobbs. Bonnie Maedors has filed the final settlement for the estate of Margaret Lindsey.

Exceptions, if any, must be filed prior to August 15, 2011.

The hearing will be held at Whitley District Court, 805 S. Main Street, Corbin, KY 40701.

Given under my hand this 30th day of June 2011.

GARY W. BARTON, CLERK

DISTRICT AND CIRCUIT COURTS

WHITLEY COUNTY, WILLIAMSBURG, KY 40769