Cabell

The Herald-Dispatch of Huntington Legal Advertisements for Aug. 11, 2015

PUBLIC NOTICE TO CUSTOMERS OF DALTON’S ENTERPRISES GROUP, LLC, D/B/A DALTON’S GARBAGE DISPOSAL Pursuant to a Commission Order issued from the West Virginia Public Service Commission in Case No. 15-1284-MC-TC, RGL, Inc., d/b/a Mountain State Waste, shall be serving the customers of Dalton’s Enterprises Group, LLC, d/b/a Dalton’s Garbage Disposal, under an Emergency Temporary Operating Agreement approved by the Commission per the above Order entered on August 7, 2015. Mountain State Waste is required by the terms of the above Order to charge the same Tariff Rates and Charges as authorized by the Public Service Commission for Dalton’s Enterprises Group, LLC, d/b/a Dalton’s Garbage Disposal. In addition, further proceedings will be held before the Commission to determine the entity to ultimately serve the Certificated Territory. The territory to be served by Mountain State Waste is hereinafter described in P.S.C. M.C. Certificate F-5943 as follows: P.S.C. M.C. CERTIFICATE F-5943 to operate as a common carrier by motor vehicle in the transportation of solid waste, in commercial and residential service, from those points and places in Wayne County- excluding those points and places in Wayne County that are located within the corporate limits of the Towns of Fort Gay and Wayne-that are more particularly described as follows-(l) those points and places in Wayne County that are located south of 38E 07′ North latitude (said latitudinal line running through or next to the intersection, situated within the corporate limits of the Town ofFort Gay, between W.Va. Route 37 and Wayne County Route 36); (2) those points and places in Wayne County that are bounded by the following perimeter: Beginning at the point in the Tug Fork (of the Big Sandy River) which lies at 38E 07′ North latitude, then proceeding due east to a point of U.S. Route 52, then proceeding along U.S. Route 52 in a northerly direction to the intersection between US. Route 52 and W.Va. Route 37, then proceeding along W.VA. Route 37 in a northeasterly direction to the intersection between W.Va. Route 37 and Wayne County Route 7, then proceeding along Wayne county Route 7 in a northwesterly and northerly direction to the intersection between Wayne County Route 7 and 19, then proceeding along Wayne County Route 19 in a generally easterly and southeasterly direction to the intersection between W.Va. Route 152 and Wayne County Route 19, then proceeding along W. Va. Route 152 in a southerly direction to the point which lies at 38E 12.5′ North latitude, then proceeding due east approximately 2.25 miles to a point on Wayne County Route 1714, then proceeding along Wayne County Route 1714 in an easterly direction to the intersection between Wayne County Routes 1714 and 24, then proceeding along Wayne County Route 24 in a northerly direction to the intersection between Wayne County Routes 22 and 24, then proceeding along Wayne County Route 22 in a northerly and northwesterly direction to the intersection between Wayne County Routes 17 and 22, then proceeding along Wayne County Route 17 in a northerly and northeasterly direction to its intersection with the Cabell-Wayne County line, then proceeding along the Cabell- Wayne County line in a northeasterly and southerly direction to the point where Cabell, Lincoln, and Wayne Counties meet, then proceeding along the Lincoln-Wayne County line to the point lying at 38E 07′ North latitude, then proceeding due west to the place of beginning; (3) those points and places in Wayne County that are located within a radius of 0.25 mile of any point or points along said perimeter; (4) those points and places in Wayne County that are located within a radius of one (1) mile of the intersection between Wayne County Routes 1812 and 27; and (5) those points and places in Wayne County that are located within a radius of one (1) mile of the intersection between Wayne County Routes 7 and 715-to places of disposal, in lieu of existing authority under said certificate. RGL, INC., D/B/A MOUNTAIN STATE WASTE LH-34934 8-11,18; 2015

Tariff Form No. 8-C PUBLIC NOTICE OF CHANGE IN RATES UPON APPLICATION (Tariff Rule No. 30-C) NOTICE is hereby given that Union Oil & Gas, Inc., a public utility, has filed with the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA an application containing decreased rates, tolls and charges for furnishing natural gas service to 6,000 customers in the Counties of Cabell, Kanawha and Putnam, West Virginia. The following proposed decreased rates and charges will become effective November 1, 2015, unless otherwise ordered by the Public Service Commission, and will produce an decrease of approximately $1,135,000 annually in revenue, an decrease of 20.7{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}. The average monthly bill for the various classes of customers will be decreased as follows: Residential (6 mcf usage) ($) DECREASE $12.40 ({4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) DECREASE 17.3{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} Commercial (27 mcf usage) ($) DECREASE $55.81 ({4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) DECREASE 19.8{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} The decreases shown are based on averages of all customers in the indicated classes. Individual customers may receive decreases that are greater or less than average. Furthermore, the requested decreased rates and charges are only a proposal and are subject to change (increases or decreases) by the Public Service Commission in its review of this filing. Any change in rates and charges will not become effective until authorized and approved by the Public Service Commission. If a hearing is scheduled, notice will be given of the time and place of hearing. A complete copy of the tariff, as well as a representative of the Company to provide any information requested concerning it, is available to all customers, prospective customers or their agents at 85 Ferry Street, Winfield, WV 25213. A copy of the tariff is also available for public inspection at the offices of the Executive Secretary of the Public Service Commission at 201 Brooks Street, Charleston, WV 25301. The Rule 30C procedure is designed to provide a procedure for changing rates charged to customers by natural gas distribution utilities based exclusively on the costs of purchased gas. Consequently, protest should be limited to the reasonableness of such costs and the method by which they are calculated. Anyone desiring to protest or intervene should file a written protest or notice of intervention within twenty-five (25) days following the date of this publication, unless otherwise modified by Commission order. Failure to timely intervene can affect your rights to protest any rate changes and to participate in future proceedings. Request to intervene must comply with the Commission’s rules on intervention. All protests and intervention should be addressed to Executive Secretary, Public Service Commission of West Virginia, P.O. Box 812, Charleston, WV 25323. LH-34720 8-5,12; 2015

NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE Pursuant to the authority vested in the undersigned by deed of trust dated the 9th day of March, 2004, signed by Gregory Lee Ellis, sole, to Bryon Nazelrod, Trustee, which said deed of trust is of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 1917, at page 442, and Golden & Amos, PLLC, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 8:45 o’clock, a.m. on the 18TH DAY OF AUGUST 2015 at the front doors of the Courthouse in Cabell County in Huntington, West Virginia the following described real estate: All that certain place or parcel of land situate, lying and being on the waters of Nine Mile Creek, Union District, Cabell County, West Virginia, bounded and described as follows: BEGINNING at an iron Rod (set) on the north line between Betty Lou Ellis and Elzie & Jeanette Clary (DB 714 Pg 629) said iron Road near the East side of a private road; thence N 38 degrees 11′ W along the East side of the said Private Road 64.53 feet to an iron Road (set); thence N 87 degrees 01′ W a distance of 75.82 feet to an iron Road (set); thence S 74 degrees 22′ W a distance of 178.37 feet to an iron Rod (set); thence N 11 degrees 10′ W a distance of 147.60 feet to an iron Rod (set) near a fence post; thence N 69 degrees 56′ W with a fence line 49.14 feet to an iron Road (set); thence S 79 degrees 47′ W down a slope passing an iron Rod (set) at 194.59 feet, then continuing 18.0 feet, in all 212.59 feet to the East side of Deer Pen Road; thence running with the East right of way line of said County Road 697 feet, more or less, to the adjoining Clary line; thence Northeasterly with the said Clary line 295 feet, more or less, to the point of BEGINNING, containing 3.42 acres, more or less, TOGETHER WITH a 20 foot parcel of land the center line of which is described as follows: BEGINNING at the intersection of Deer Pen County Road which point is a corner common to the lands of Elzie and Jeanette Clary and the grantors herein; thence N 23 degrees 31′ E a distance of 38.78 feet; thence N 45 degrees 56′ E a distance of 120.59 feet; thence N 44 degrees 14′ E a distance of 108.09 feet; thence N 2 degrees 18′ E a distance of 15.19 feet; thence N 50 degrees 23′ W a distance of 15.82 feet; thence N 84 degrees 51′ W a distance of 71.05 feet; thence S 74 degrees 22′ W a distance of 177.00 feet; thence N 44 degrees 32′ W a distance of 26.79 feet; thence N 13 degrees 01′ E a distance of 19.93 feet; thence N 51 degrees 39′ E a distance of 34.00 feet; EXCEPTING AND RESERVING unto the grantors herein a right of way for ingress and egress over and across the 20 feet wide parcel of land herein described. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The above described real estate is reported to have a mailing address of: 7047 Deerpen Road, Lesage, West Virginia 25537 TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees. Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property. FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below. GOLDEN & AMOS, PLLC, TRUSTEE 543 Fifth Street, P.O. Box 81 Parkersburg, WV 26102 Telephone (304) 485 3851 Fax (304) 485-0261 E-mail: vgolden@ goldenamos.com LH-34547 8-4,11; 2015

ORDER OF PUBLICATION IN THE FAMILY COURT OF CABELL COUNTY, WEST VIRGINIA Civil Action No. 15-FIG-70 IN RE THE GUARDIANSHIP OF: Mary Margaret Kinsey, Petitioner, and Jessica Vonville Respondent. THE OBJECT OF THIS SUIT IS TO OBTAIN GUARDIANSHIP OF A MINOR. To the Above Named Respondent: It appearing by affidavit filed in this action that Jessica Vonville is a non-resident of the State of West Virginia, it is hereby ordered that Jessica Vonville serve upon Mary Margaret Kinsey whose address is 2651 Chesterfield Ave., Huntington, West Virginia, an Answer, including any related counterclaim or defense you may have to the Petition filed in this action on or before September 10, 2015. If you fail to do so, thereafter judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the Petition. A copy of said Petition can be obtained from the undersigned Clerk at his office. Entered by the Clerk of said Court August 10, 2015. JEFFREY E. HOOD Clerk of Cabell County LH-34914 8-11,18; 2015

TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated August 6, 2007, and duly recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Document No. 270293, in Book No. 2175, at Page 382, James R. Holt did convey unto Lenders First Choice , Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee by a Substitution of Trustee dated July 7, 2015 and recorded in the aforesaid Clerk’s office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by OneWest Bank N.A. to foreclose thereunder, will offer for sale at public auction at the 4th Avenue entrance of the Cabell County Courthouse in Huntington, West Virginia, on August 25, 2015 at 10:30 AM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Barboursville District, Cabell County, West Virginia, and more particularly described as follows: ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN BARBOURSVILLE DISTRICT, CABELL COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY BOUND AND DESCRIBED AS FOLLOWS, TO-WIT: TRACT NO. I: BEING ALL OF LOT NO. 5, SECTION I, AS SHOWN ON A PLAT OF LOUISA ESTATES DATED SEPTEMBER 23, 1972, PREPARED BY RONALD L. EASTHAM, WHICH IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF CABELL COUNTY, WEST VIRGINIA, IN MAP BOOK NO. 8 AT PAGE NO. 133, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. TRACT NO. II: BEGINNING AT AN IRON PIPE SET IN THE DIVIDING LINE BETWEEN LOTS NO. 5 AND NO. 6 WITH ITS INTERSECTION WITH ROBERTO DRIVE AS SHOWN ON A PLAT OF LOUISA ESTATES DATED SEPTEMBER 23, 1972, PREPARED BY RONALD L. EASTHAM, WHICH IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF CABELL COUNTY, WEST VIRGINIA, IN MAP BOOK NO. 8 AT PAGE NO. 133; THENCE NORTH 40.DEGREES 37 MINUTES E., WITH THE DIVIDING LINE BETWEEN ROBERTO DRIVE AND LOT NO. 6, 8 FEET TO A POINT; THENCE SOUTHEASTERLY AND PARALLEL WITH THE COMMON DIVIDING LINE BETWEEN SAID LOTS NOS. 5 AND 6, APPROXIMATELY 109.31 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT NO. 6; THENCE SOUTH 43 DEGREES 37 MINUTES W., 8 FEET TO AN IRON PIPE; THENCE NORTHWESTERLY AND WITH THE COMMON DIVIDING LINE BETWEEN LOTS NOS. 5 AND 6 109.31 FEET TO THE PLACE OF BEGINNING, AND BEING THE SOUTHWESTERLY 8 FEET OF LOT NO. 6 OF LOUISA ESTATES, SECTION 1. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 6318 Roberto Drive, Huntington, WV 25705. The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes. The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS: $9,000.00 in cash and/or certified funds as deposit with the balance due and payable within 30 days of the day of sale. FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale. SENECA TRUSTEES, INC. 5000 Coombs Farm Drive, Suite 104 Morgantown, WV 26508 (304) 413-0044 (304) 292-2918 Toll free: (888) 534-3132 Reference File No. 32701 LH-34843 8-11,18; 2015

NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE Pursuant to the authority vested in the undersigned by deed of trust dated the 25th day of August 2009, signed by Allen K. Chafin and Kristi A. Chafin, husband and wife, to Dru A. Shope, Trustee, which said deed of trust is of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2296, at page 463, and Golden & Amos, PLLC, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 8:45 o’clock A.M. on the 18th day of AUGUST 2015 at the front doors of the Courthouse in Cabell County in Huntington, West Virginia the following described real estate: All that certain lot, piece or parcel of land situate in the City of Huntington, Cabell County, West Virginia, known and designated on a Map of HIGHLAWN, a copy of which map was filed in the Office of the Clerk of the County Commission of Cabell County, West Virginia, on November 9, 1904, in Map Book No. 1, as Map No. 26, as LOT NUMBER FORTY (40), BLOCK NUMBER TWO HUNDRED SIXTY SEVEN (267). LSOT: Deed Book 1176, Page 486, dated August 30, 2007, Office of the Clerk of the County Commission of Cabell County, West Virginia. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The above described real estate is reported to have a mailing address of: 2726 Collis Avenue, Huntington, West Virginia 25702 TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees. Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property. FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below. GOLDEN & AMOS, PLLC, TRUSTEE 543 Fifth Street, P.O. Box 81 Parkersburg, WV 26102 Telephone (304) 485 3851 Fax (304) 485-0261 E-mail: vgolden@ goldenamos.com LH-34432 8-4,11; 2015