The Press-Dispatch
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The Press-Dispatch��� Legals Legals Legals STATE OF INDIANA IN THE PIKE COUNTY OF PIKE CIRCUIT COURT CAUSE NO. 63C01-1303-MF-000073 U.S. BANK NATIONAL ASSOCIATION, a/k/a U.S. BANK N.A. PLAINTIFF VS. OWEN C. LOVELESS, APRIL M. LOVELESS, HOOSIER ACCOUNTS SERVICE, PROCOL, INC., HERITAGE FEDERAL CREDIT UNION AND STATE OF INDIANA, DEPARTMENT OF REVENUE DEFENDANTS On Monday April 15, 2013 work will begin on the construction of a coal haul road crossing on Old State Road 64 at 9995 Old State Road 64, Holland IN, which is located approximately 0.95 miles west of the Pike-Dubois County Line. While the construction is underway, traffic will be restricted to one lane and be controlled by flagmen. Expect the lane restrictions through Tuesday April 16, 2013. (April 10, 2013) hspaxlp PUBLIC NOTICE STATE OF INDIANA IN THE DAVIESS COUNTY OF DAVIESS SS: CIRCUIT COURT CAUSE NO. 14C01-0509-MI-286 IN RE THE MARRIAGE OF MACEY N. AUSTIN 2175 E. Main, Lot 19 Petersburg, IN 47567 Petitioner and JAMES LEE AUSTIN P.O. Box 554 Petersburg, IN 47567 Respondent summons by publication TO: Owen C. Loveless and April M. Loveless, whereabouts unknown: A foreclosure Complaint has been instituted against the real estate located at 584 S. County Road 125 W., Petersburg IN 47567, by the mortgagee before the Pike Circuit Court, Cause Number 63C011303-MF-000073 styled ���U.S. BANK NATIONAL ASSOCIATION, a/k/a U.S. Bank N.A. (Plaintiff) vs. Owen C. Loveless, April M. Loveless, Hoosier Accounts Service, Procol, Inc., Heritage Federal Credit Union and State of Indiana, Department of Revenue (Defendants).��� YOU MUST RESPOND TO THE COMPLAINT WITHIN THIRTY (30) DAYS AFTER THE LAST NOTICE OF THE ACTION IS PUBLISHED AND IN CASE THE DEFENDANTS FAIL TO DO SO, JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST THEM FOR THE RELIEF DEMANDED IN THE COMPLAINT, INCLUDING SALE OF THE REAL ESTATE. Septtimous Taylor Septtimous Taylor, II Craig Brunson 4830 Towne Square Court Owensboro, KY 42301 IN Bar #18326-82 IN Bar #23999-74 IN Bar #29845-82 Attorneys for Plaintiff (March 27, April 3, 10, 2013) hspaxlp STATE OF INDIANA SS: IN THE PIKE COUNTY OF PIKE CIRCUIT COURT CAUSE NO. 63C01-1212-MF-000345 ONEWEST BANK, FSB, Plaintiff vs. THE UNKNOWN HEIRS AT LAW OF KATHERINE L. HICKS, DECEASED, OCCUPANT(S) OF 1205 E. SPRUCE STREET, PETERSBURG, IN 47567, THE UNKNOWN HEIRS AT LAW OF EUGENE M. HICKS, DECEASED AND UNITED STATES OF AMERICA THROUGH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Defendants. PRAECIPE FOR SERVICE BY PUBLICATION To the Clerk of the Court of Pike County: A Complaint having been filed in the aboveentitled cause, issuance of Summons by publication pursuant to the attached Affidavit is requested. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Service by Publication was served upon the following, by United States first-class mail, postage prepaid, this 21st day of March, 2013 Occupant(s) of 1205 E. Spruce Street, Petersburg, IN 47567 1205 E. Spruce Street Petersburg, IN 47567 Keith W. Lerch Office of Counsel 151 North Delaware Street Indianapolis, IN 46204-2520 NOTICE OF SUIT The State of Indiana to the Defendants above named, and any other person who may be concerned: You are notified that you have been sued in the Court above named. The nature of the suit against you is a Complaint on Note and for Foreclosure of Mortgage on the following described real estate: The following described Real Estate in Pike County, in the State of Indiana, to-wit: Lot Number Five (5) in Read and Benjamin���s Addition to the Town, now City of Petersburg, Indiana. Lot Number Six (6) in Read and Benjamin���s Addition to the Town, now City of Petersburg, Indiana, EXCEPT a strip six (6) feet wide off of the Northeast side thereof. And Commonly known as: 1205 E. Spruce Street, Petersburg, IN 47567 This Summons by Publication is specifically directed to the following named Defendants whose whereabouts are known to me: Occupant(s) of 1205 E. Spruce Street, Petersburg, IN 47567 and United States of America through the Department of Housing and Urban Development This Summons by Publication is also specifically directed to the following named Defendants whose whereabouts are unknown to me: The Unknown Heirs at Law of Katherine L. Hicks, deceased and The Unknown Heirs at Law of Eugene M. Hicks, deceased In addition to the above named Defendants being served by this Summons, there may be other Defendants who have an interest in this lawsuit. If you have a claim for relief against the Plaintiff arising from the same transaction or occurrence, you must assert it in your written answer. You must answer the Complaint in writing, by you or your attorney, on or before the 17th day of May, 2013 (the same being within thirty (30) days after the Third Notice of Suit), and if you fail to do so, a judgment will be entered against you for what the Plaintiff has demanded. AFFIDAVIT Ryan T. Kiernan, being of lawful age and being first duly sworn, states: 1.��� I am the attorney for the Plaintiff in the above entitled action. 2.��� The names of all Defendants whose residences are known to me are as follows: Occupant(s) of 1205 E. Spruce Street, Petersburg, IN 47567 and United States of America through the Department of Housing and Urban Development 3.��� The names of all Defendants whose residences are unknown to me are as follows: The Unknown Heirs at Law of Katherine L. Hicks, deceased and The Unknown Heirs at Law of Eugene M. Hicks, deceased 4.��� The Affiant does not know and, with reasonable inquiry and diligence, is unable to ascertain the residence of those Defendants who are or may be concerned with the subject of this litigation, and who he desires to serve by publication. 5.��� This action is one of those mentioned in Rule 4.4 of the Indiana Rules of Civil Procedure. I affirm, under the penalties for perjury, that the foregoing representations are true. This affirmation is made in accordance with Rule 11(B) of the Indiana Rules of Trial Procedure. DOYLE LEGAL CORPORATION, P.C. By: Attorneys for Plaintiff James L. Shoemaker (19562-49) S. Brent Potter (10900-49) Craig D. Doyle (4783-49) Rayanna A. Binder (24776-49) Curt D. Hochbein (29284-29) Ryan T. Kiernan (29316-49) David M. Johnson (30354-45) Evgeny G. Mogilevsky (27602-49) DOYLE LEGAL CORPORATION, P.C. 41 E Washington St., Suite 400 Indianapolis, IN 46204 Telephone (317) 264-5000 Facsimile (317) 264-5400 (April 3, 10, 17, 2013) hspaxlp legal notice Pursuant to I.C. 14-34, the Director of Department of Natural Resources recently approved a permit amendment to conduct surface coal mine and reclamation operations by Triad Mining, Inc. as follows: Permit Number: S-350-2 Amendment (Add acreage) Mine Name: Augusta Mine Number of Acres: 188.1 County: Pike Location: Parts of Sections 21 & 22, T2S, R7W, Augusta Quadrangle(s). Permit Term: January 27, 2012 to January 26, 2017 The Director of Department of Natural Resources has approved the above-mentioned permit with nine (9) condition(s). The findings of the Division of Reclamation are available for inspection at the Division of Reclamation Field Office, 1/4 mile west of Jasonville city limits on State Road 48, and at the Pike County Library. Copies of the findings may be obtained by writing to the Permit Coordinator, Division of Reclamation, 14619 W. State Road 48, Jasonville, IN 47438. Pursuant to I.C. 14-34-4-13, 312 IAC 25-4-122, I.C. 4-21.5-3-5, and I.C. 4-21.5-3-7, any person with an interest which is or may be adversely affected by this decision may request a hearing to review the decision. Requests for a hearing shall be submitted to the Division of Hearings, Natural Resources Commission, Room 501A, 100 North Senate Avenue, Indianapolis, IN 46204, by May 4, 2013. (April 10, 2013) hspaxlp ���B-9 Wednesday, April 10, 2013 notice of hearing Comes now Respondent, pro se, having filed a Request for Modification of Custody, and the Court finds that the matter should be set for hearing. IT IS, THEREFORE, ORDERED that this matter shall be heard on April 30, 2013 at 1:00 p.m., and both parties are ordered to appear. IT IS FURTHER ORDERED that the Clerk of the Court shall serve this pleading by Sheriff upon the Respondent. IT IS SO ORDERED this 12th day of March, 2013. GREGORY SMITH, JUDGE DAVIESS CIRCUIT COURT (April 10, 17, 24, 2013) hspaxlp Ordinance No. 2013-04 A GENERAL ORDINANCE MODIFYING THE COSTS FOR PUBLIC FIRE PROTECTION SERVICES WHEREAS, pursuant to Indiana law, the Town of Winslow Council serves as the managing body for the municipality owned water utility for the Town of Winslow and the Town of Winslow has previously removed itself from the jurisdiction of the Indiana Utility Regulatory Commission and, therefore, all rates and charges for the municipality owned utilities are subject only to the control and/ or approval of the Town of Winslow and Indiana law allows municipally owned utilities to establish rates and charges sufficient to produce revenue for all costs associated with the option of the utility and the Town of Winslow Council wishes to now Ordinance 2013-03 increase the charge for such fire protection services AN ORDINANCE AMENDING and this increase in recovery of fire protection costs ORDINANCE 2008-02 AFFECTING RATES AND CHARGES shall not be considered to be a general increase TO BE COLLECTED BY THE TOWN in the basic rates and charges of the utility and is therefore not subject to the notice and hearing OF WINSLOW FROM OWNERS requirements applicable to general rate proceedings SERVED BY THE SEWAGE WORKS and the following charges shall become effective OF SAID TOWN May 1, 2013. WHEREAS, it is necessary to revise the BE IT ORDAINED AND ENACTED by the existing schedule of rates and charges to produce TOWN OF WINSLOW, Pike County, Indiana, and sufficient revenue to pay expenses of maintenance it is hereby enacted by the authority of the same and operation, to pay the principal and interest that the TOWN OF WINSLOW hereby enacts the on outstanding debt, and to provide funds for following: necessary replacements and improvements to the Section 1.���That an additional sum of $3.84 sewage works; per month be added and charged to each current BE IT ORDAINED AND ENACTED by the residential customer of the municipal water utility, TOWN OF WINSLOW, Pike County, Indiana, and and an additional monthly sum of $6.40 be charged it is hereby enacted by the authority of the same to commercial customers. All to become effective that the TOWN OF WINSLOW hereby enacts the May 1, 2013 and to be payable for the balance of following: 2013. The following section of Ordinance 2008-02 Section 2.��� That notwithstanding the above amending Ordinance 2002-2 shall be amended to modification of recovery charges, any construction read as follows: costs for new fire hydrants to be installed at the Section 3.���For the use of and the service request of the Town after the effective date herein, rendered by said sewage works, rates and charges shall be the responsibility of the Town. shall be collected from the owners of each and every Passed and adopted this 8th day of April, 2013. lot, parcel of real estate or building that is connected The Town Council hereby determines the subject the with Town���s sanitary system or otherwise matter of this Ordinance requires emergency discharges sanitary sewage, industrial wastes, water action; therefore, this Ordinance shall take effect or other liquids, either directly or indirectly, into immediately upon its passage. the sanitary sewer system of the Town of Winslow. Don Bolin, President, Town Council Such rates and charges include user charges, debt Town of Winslow, Indiana service costs, excessive strength surcharges and Attest: other service charges, which rates and charges shall Beth A. Bennett be payable as hereinafter provided and shall be in an Clerk-Treasurer amount determinable as follows: (April 10, 17, 2013) Metered water users: The sewage rates and hspaxlp charges shall be based on the quantity of water used on or in the property or premises subject to such PUBLIC NOTICE rates and charges, as the same is measured by the OF PERMIT RENEWAL water meter there in use, plus a base charge based on Notice is hereby given that Little Sandy Coal the size of the water meter installed except as herein otherwise provided. For the purpose of billing and Company, Inc., in accordance with Indiana Code collecting the charges for sewage service, the water 13-4.1-1-3-2 has filed a renewal application with meters shall be read monthly and the users shall be the Indiana Department of Natural Resources, billed each month (or period equaling a month). the Division of Reclamation for renewal of the surface water usage schedule on which the amount of said mining permit S-00356. The permit area contains rates and charges shall be determined is as follows. 767.2 acres. The mine site is situated approximately The new rates shall be effective immediately upon 1.5 miles northwest of Holland, Indiana, Pike and Dubois Counties. The permit area can be found passage of this ordinance. Treatment rate per 1,000 gallons of usage per on the Velpen 7.5 Minute U.S.G.S. Quadrangle Map and is contained on properties owned by month: New Rate Ralph Hemmer, Danny Kamman, etal, Justin & All users $5.34 Tim Hilsmeyer, Annabell Abell Krusenklaus, Kyle Frick, James B. Wagner, Jr., Steve Hemmer, Michael Plus Obrien, John Hemmer and Donald E. Kamman. The Base rate���per month, as follows: Base New Rate specific location of the permit area is as follows: The NW�� of the SE��, the SW �� of the SE��, part 5/8-3/4���inch water meter $36.48 1���inch water meter $82.69 of the NE �� of the SE ��, the SE �� of the SE ��, the 1 1/4�� inch water meter ��� $128.87 SE �� of the NW ��, NE �� of the NW ��, the NW �� 1 1/2���inch water meter $184.38 of the NE ��, the SW �� of the NE ��, the SE �� of the 2���inch water meter $313.72 NE ��, part of the NE �� of the NE �� of Section 9. The 3���inch water meter $713.95 SE �� of the SW ��, the SW �� of the SE �� of Section 4���inch water meter $1,237.63 4. The NE �� of the NE �� of Section 16, Township-36���inch water meter $2,868.17 South, Range-6-West, Pike County, Indiana. Part of Unmetered Water Users. For users of the sewage the NW �� of the SW ��, the SW �� of the SW ��, part works that are unmetered water users or accurate of the NE �� of the SW ��, part of the SE �� of the SW meter readings are not available, the monthly charge ��, the SW �� of the NW ��, the NW �� of the NW ��, shall be determined by equivalent single family part of the NW �� of the NE �� of Section 10. Part of dwelling units, except as herein provided. Sewage the SW �� of the SW ��, part of the SE �� of the SW ��, service bills shall be rendered once each month (or part of the SW �� of the SE �� of Section 3, Townshipperiod equaling one month). The schedule on which 3-South, Range-6-West, Dubois County, Indiana. A completed copy of the renewal application is said rates and charges shall be determined is as follows. The new rates shall be effective immediately available for public inspection at the Petersburg and Pike County Public Library, 1008 East Maple Street, upon passage of this ordinance. Residential: New Monthly Rate: Petersburg, Indiana 47567 and the Jasper Public Single Family residence/unit $54.64 Library, 1116 Main Street, Jasper, IN 47546 and at For the service rendered to the Town of the Division of Reclamation, Indiana Department Winslow, said Town shall be subject to the same of Natural Resources, 14619 West State Road 48, rates and charges herein provided, or to charges and Jasonville, Indiana 47438. Written comments, objections or requests for an rates eestablished therewith. In order to recover the cost of monitoring informal conference relative to the permit renewal industrial wastes, the Town shall charge the user application of the Little Sandy Coal Company, not less than the cost thereof. This charge will be Inc., Hilsmeyer Mine, permit S-00356, should be reviewed on the same basis as all other rates and addressed to: Little Sandy Coal Company, Inc charges in this ordinance. P.O. Box 16 Section 6.��� The owner of any lot, parcel of real Lamar, IN 47550 estate or building connecting to the sewage works Telephone: (812) 529-8216 shall, prior to being permitted to make a connection, pay a connection charge in the amount of $300.00 IDNR, Division of Reclamation for each connection. The Town Council now finds 14619 W SR 48 such a connection charge to be a reasonable and Jasonville, IN 47438 equitable pro rata cost of construction of a local Telephone: (812) 665-2207 or 1-800-772-6463 or lateral sewer adequate to serve the property so All comments must be filed with the Department connecting and the cost of providing a connection of Natural Resources within 30 days of the last date to the sewer system. Provided, however, that no connection charge of publication of this notice. will be required of any customer connecting to a (March 27, April 3, 10, 17, 2013) local or lateral sewer within 90 days of the date on hspaxlp which said sewer was available for connection. Connection charges will be imposed on any connection made after ninety (90) days of availability for connection and on all connections made to future extensions of the system based on the actual cost of connection but not less than 1 & 2 bedroom family units, and senior citizens $300.00 per connection. Passed and adopted by the Town Council of the Rent based on income. Town of Winslow on the 8th day of April, 2013. Town Council of the Town of Winslow Apply in person at: Don Bolin David Tisdale Glendel Ashby 309 W. Brum���eld Attest: Beth A. Bennett Princeton, IN 47670 Clerk-Treasurer (812) 385-3859 (April 10, 17, 2013) hspaxlp Apartments Available In Petersburg Tower Construction Co. Legals Ordinance No.2013-02 AN ORDINANCE ESTABLISHING RATES AND CHARGES FOR THE USE AND SERVICES RENDERED BY THE WATERWORKS OF THE TOWN OF WINSLOW WHEREAS, the Town of Winslow has caused a financial study of the Winslow municipal waterworks to be made by R.C.A.P. (Rural Community Assistance Program), Indianapolis, Indiana; and WHEREAS, the study indicates that the rates and charges are not sufficient to meet the reasonable financial requirements of the utility and that water rates and charges should be increased on an ���acrossthe-board��� basis; and WHEREAS, the Town has also determined that its rates and charges should provide sufficient revenues to provide for a reasonable return on its waterworks plant and to provide for payments to the Town of funds in lieu of taxes which would be paid if the waterworks was privately owned; and WHEREAS, the Town Council of the Town of Winslow finds that the existing rates and charges for the use of and service rendered by the waterworks of said Town are too low and are insufficient to enable the Town to properly operate and maintain its waterworks plant, to provide for depreciation to pay debt service on indebtedness of the waterworks and maintain a debt service reserve, finance necessary extensions, betterments and improvements to the system, to provide a reasonable return and to make payments in lieu of taxes, all as provided for by I.C. 8-1.5-3-8, and the existing rates and charges should be increased. BE IT ORDAINED AND ENACTED by the TOWN OF WINSLOW, Pike County, Indiana, and it is hereby enacted by the authority of the same that the TOWN OF WINSLOW hereby enacts the following: Section 1. That there shall be and are hereby established for the use of and the service rendered by the waterworks system of the Town of Winslow, the following rates and charges, based on the use of water supplied by said waterworks. The new rates shall be effective immediately upon passage of this ordinance. New Rates Metered Rates Per Month (per 1,000 gallons) First�����5,000 gallons $14.45 Next���15,000 gallons $10.36 Next���35,000 gallons $8.28 Next��� 65,000 gallons $6.21 Over 100,000 gallons $4.17 MINIMUM CHARGE Each user shall pay a minimum charge in accordance with the following applicable size of meter installed, for which the user will be entitled to the quantity of water set out in the above schedule of rates. The new rates shall be effective immediately upon passage of this ordinance. Minimum Charge Gallons Size of Meter Allowed New Rates 5/8 inch 2,000 $ 28.90 3/4 inch 3,570 $ 51.60 1 inch 6,800 $ 90.91 1 1/2 inch 10,770 $ 132.45 2 inch 18,770 $ 207.05 3 inch 42,700 $ 387.20 4 inch 86,645 $ 662.17 6 inch 169,660 $1,036.58 SPRINKLER CONNECTION CHARGE The new rates shall be effective immediately upon passage of this ordinance. New Rates Connection Size Per Annum 1 1/2 inch $164.79 2 inch $288.37 3 inch $494.31 4 inch $823.82 6 inch $1,235.69 8 inch $1,647.58 OTHER CHARGES Collection and Deferred Payment Charges. All bills for water service not paid before the due date as stated on such bills shall be subject to the collection of a deferred payment charge of ten percent (10%) of that part of the delinquent account which does not exceed $3.00 plus three percent (3%) of any delinquent amount in excess of $3.00. Connection Charge. Each user at the time he is connected with the waterworks system shall pay a charge to cover the costs of; excavating and tapping the main line; furnishing and installing service pipe from the main to the lot line; furnishing and installing corporation and stop cocks; and furnishing and installing meter crock (if outside), yoke and meter. The charge for a 5/8 inch and 3/4 inch meter tap shall be $310.00. The charge for a tap larger than the 3/4 inch meter tap shall be the cost of labor, materials, power machinery, transportation, and overhead incurred for installing the tap, but shall not be less than $310.00. Service Fee. When the non-payment for service reaches thirty (30) days in arrears, or whenever for any reason beyond the control of the waterworks a reestablishment of service is required by any one customer, a charge of twenty-five dollars ($25.00) will be made by the waterworks to cover the cost of service or discontinuance and re-establishment of service. The charge, together with any arrears due the waterworks, shall be paid by the customer before service will be re-established. Miscellaneous Charges. Meter Deposit $150.00 Bad Check Fee $35.00 Temporary Users. Water furnished to temporary users, such as, but not limited to contractors, shall be charged on the basis of the above quantity rates as estimated by the Waterworks Superintendent. Section 2.���The Town hereby elects to earn a reasonable return on the waterworks utility plant. Section 3.���The Town hereby elects to receive payments in lieu of taxes, at the Town���s option, from the waterworks utility plant. Section 4.��� All ordinances and parts of ordinances in conflict herewith are repealed. Section 5.��� This ordinance shall be in full force and effect from and after its passage. Passed and adopted by the Town Council of the Town of Winslow on the 8th day of April, 2013. Town Council of the Town of Winslow Don Bolin David Tisdale Glendel Ashby Attest: Beth A. Bennett Clerk-Treasurer (April 10, 17, 2013) hspaxlp The TRADING POST RESTAURANT ��� Flea MarkeT consignMenT cenTer South of the border Saturday buffet Special���$6.99 2pm to 8pm ��� Soup ��� Sandwich ��� Salad all you can eat choice of SoupS, Soft tacoS, hard tacoS, nachoS, hot dogS, poliSh SauSage, Salad bar. ! New Flea Market Visit the new Flea Market anytime during restaurant hours. 1 Mile South of Winslow off Hwy. 61 789-5428