Legal Notices – 9-26-19

Ohio Soil and Water 

Conservation 

Commission

ELECTION 

LEGAL NOTICE

The Ohio Soil and Water Conservation Commission will cause an election of Supervisors of the Monroe Soil and Water Conservation District to be held in accordance with Chapter 940 of the Ohio Revised Code.

Residents or landowners, firms, and corporations that own land or occupy land in the Monroe Soil and Water Conservation District and are 18 years of age and older may vote for Supervisor. A non-resident landowner, firm, or corporation must provide an affidavit* of eligibility, which includes designation of a voting representative, prior to casting a ballot.

There are three ways an eligible voter can cast a ballot:

(1) at the SWCD annual meeting/election event, which will take place on 10/5/19 at 5:00 until 6:00 at Henry Coulson Building on the Monroe County Fairgrounds; or (2) at the SWCD office until 4:00 on 10/4/19; or (3) vote absentee by requesting the proper absentee request forms from the SWCD office at the following address:

117 N. Main St.

Woodsfield, OH 43793

Two (2) Supervisors will be elected to a three year term.

Nominees are:

1. Jason Clutter

2. Jordan Jones

3. John Paulus

*Sample affidavits are available from the SWCD office.

September 16, 19, 23, 26, 30, 2019

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NOTICE BY 

PUBLICATION

IN THE COURT OF COMMON PLEAS

MONROE COUNTY, OHIO

VERTICAL ACRES, LLC, et al., Plaintiffs, vs. WILLIAM DUNN, et al., Defendants

CASE NO. CVH2019-282

WILLIAM DUNN, his heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; LUCY DUNN, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; MARGARET MARY DUNN RIST, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; LESTER FRIEDEN, his heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs;  BERTHA AGNES DUNN FRIEDEN, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; HARVEY R. DUNN, his heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; MILDRED LUCILLE DUNN, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; WILLIAM DUNN RIST, his heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; ELAINE V. HARLOW RIST, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs;  ROBERT WILSON RIST, his heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; EILEEN SIMMONS MCCOY RIST, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; GWENDOLYN G. RIST, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; JAMES HARVEY RIST, his heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; THOMAS ELLIOTT RIST,SR., his heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs;  VIRGINIA ELIZABETH RIST SMITH, last known address of 1000 Masonic Drive, Sewickley, PA 15143-2328, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; MARGARET ANN RIST WHITING, last known address of 2713 North Ter., Huntington, WV 25705-1653, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; PATRICIA SUE RIST JEFFERIES, last known address of 131 Valley View Drive, Huntington, WV 25704-9429, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; WILLIAM GALE DUNN, last known address of 609 6th Street, Marietta, OH 45750-1915, his heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; JOSEPH R. DUNN, last known address of 450 Wheatfield Drive, Delaware, OH 43015-4273, his heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs;  JEWELL S. DUNN, last known address of 201 Cedar Crest Road, Spartanburg, SC 29301, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; MARLA RIST KERMENDY, last known address of 4223 Laurell Lane, North Olmstead, OH 44070, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; DARLA RIST KERMENDY, last known address of 11620 Navarro Way, Apt. 2403, Fort Myers, FL 33908, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; BARBARA ANN STETLER RIST, last known address of 316 Yewell Lane, Boaz, KY 42027, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; MELANIE DENISE RIST, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; THOMAS ELLIOTT RIST, JR., last known address of 7064 Sonya Drive, Nashville, TN 37209, his heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; and SALLY LOU FRIEDEN, last known address of 1112 Cherry Brook Drive, New Martinsville, WV 26155, her heirs, devisees, executors, administrators, relicts, next of kin, and assigns, whose addresses may be unknown to Plaintiffs; you are hereby notified that you are named as Defendants in a legal action entitled Vertical Acres, et. al., Plaintiffs, vs. William Dunn, et al, Defendants.  This action has been assigned Case No. CVH 2019-282 and is pending in the Court of Common Pleas of Monroe County, Ohio, Woodsfield, Ohio 43793. 

The object of the complaint is to quiet title and extinguish the Defendants’ oil and gas rights in the following described real estate: 

Situated in the County of Monroe, in the State of Ohio and in the Township of Lee and bounded and described as follows:

Beginning for the same at NE corner, SE ¼ NE ¼,  Section 3; thence North 88°30’ West 506 feet to NE corner of above; thence South 15°54” West 268.95 feet to post corner to Lawrence Salisbury and Mike Salisbury; thence with line of M. Salisbury, L. Williams, Flossie Williamson, L. Williamson and Nice South 40°46’ East 852.02 feet to Nice corner in Section line; thence North 1°30’ East 891 feet to beginning, containing 7 acres, more or less.

Parcel No. 11-0190261000

You are hereby required to answer the Complaint within twenty-eight (28) days after the last publication of this notice which will be published once weekly for six (6) successive weeks.  The last publication will be made on Oct. 17, 2019, and the twenty-eight (28) days for answer will commence on that date.

In case of your failure to answer or otherwise respond as required by the Ohio Rules of Civil Procedure, judgment by default will be rendered against you for the relief demanded in the Complaint.

August 30, 2019

BETH ANN ROSE

CLERK OF COURTS

Court of Common Pleas

Monroe County, Ohio

Craig E. Sweeney (#0087841)

Bricker & Eckler LLP

258 Front Street 

Marietta, Ohio 45750

Telephone (740) 374-4405

Fax (740) 374-2296

Counsel for Plaintiffs

September 12, 19, 26, October 3, 10, 17, 2019

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SHERIFF’S SALE

STATE OF OHIO

MONROE COUNTY   SS:

In the Court of Common Pleas

Case No. CVE 2019-011

WEBSITE: www.monroesheriff.com

email: vicki.english@monroesheriff.com

FAX: 740-472-5132

In pursuance to an ORDER OF SALE issued out of the Court of Common Pleas of Monroe County, in the Case of Belmont Savings Bank vs. Jerald L. Phillips, being Case No. CVE 2019-011 in said Court, I will offer for sale at Public Auction at the east door of the Courthouse in Woodsfield, Ohio, in the above named County on Friday, the  11th day of October, 2019 at 10:00 AM the following described lands and tenements.  Tentative second sale date will be Friday, the 25th day of October, 2019 at 10:00 AM.

PROPERTY ADDRESS: 52191 State Route 26, Jerusalem  OH 43747

PARCEL NUMBERS: 26-001003.0000 & 26-001004.0000

TOWNSHIP: Sunsbury Township

ACREAGE: Lots No. 32 & 33 

PRIOR DEED REF: Official Records Vol. 189 Pg.678

***ALL BUYERS BEWARE***

The appraised value was established based on an exterior view only of the structure(s) located on the premises described herein. The Sheriff’s Office nor any affiliates have access to the inside of said property.

The Purchaser shall be responsible for costs, allowance, and taxes that the proceeds of sale are insufficient to cover.  

TERMS OF SALE

All third party purchasers of the property at the Sheriff’s Sale must complete a Real Estate Judicial Sale Purchase Information Form immediately following the sale. REMOTE BIDDERS will provide their information form when they email or fax in their bid.

All third party purchases shall make deposit with the Sheriff following the sale an amount of $5,000.00.

The remainder of the purchase price shall be paid within thirty (30) days from the date the Entry Confirming Sale is filed.

Said lands and tenements so ordered to be sold appraised at Forty-Five Thousand and 00/100 Dollars ($45,000.00) and cannot be sold for less than two-thirds (2/3) of the appraised value.

More information pertaining to HB 390 concerning sales are posted at Monroe Co. Sheriff’s Website.

Charles R. Black, Jr. Sheriff  

Monroe County, Ohio

Plaintiff’s Attorney 

Todd M. Kildow

September 19, 26 and October 3, 2019

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LEGAL NOTICE

The Unknown Heirs at Law, Devisees, Legatees, Administrators, and Executors of the Estate of Ronald J. Huff, whose last place of residence is unknown, will take notice that on July 22, 2019, Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust, filed its Complaint in Foreclosure in Case No. CVE2019-230 in the Court of Common Please Monroe County, Ohio alleging that the Defendants, The Unknown Heirs at Law, Devisees, Legatees, Administrators, and Executors of the Estate of Ronald J. Huff, have or claim to have an interest in the real estate located at 36020 Marshall Cline Road, New Matamoras, OH 45767, PPN #2-011009.0000 and 2-002002.0000. A complete legal description may be obtained with the Monroe County Auditor’s Office located at 101 North Main St., Room 22, Woodsfield, OH 43793-1097.

The Petitioner further alleges that by reason of default of the Defendant(s) in the payment of a promissory note, according to its tenor, the conditions of a concurrent mortgage deed given to secure the payment of said note and conveying the premises described, have been broken, and the same has become absolute.

The Petitioner prays that the Defendant(s) named above be required to answer and set up their interest in said real estate or be forever barred from asserting the same, for foreclosure of said mortgage, the marshaling of any liens, and the sale of said real estate, and the proceeds of said sale applied to the payment of Petitioner’s claim in the property order of its priority, and for such other and further relief as is just and equitable.

THE DEFENDANT(S) NAMED ABOVE ARE REQUIRED TO ANSWER ON OR BEFORE THE 31st DAY OF OCTOBER, 2019.

BY: CLUNK, HOOSE CO., LPA

Ethan J. Clunk #0095546

Attorneys for 

Plaintiff-Petitioner

4500 Courthouse Blvd.

Suite 400

Stow, OH 44224

(330) 436-0300

telephone

(330) 436-0301

facsimile

notice@clunkhoose.com

September 19, 26, October 3, 2019

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NOTICE OF 

ABANDONMENT

(R.C. § 5301.56)

TO: J.W. Miller, Viola Miller, and their unknown heirs, devisees, executors, administrators, relicts, next of kin and assigns;

You are hereby notified that you are or may be the record interest holder of a severed mineral interest as described hereafter, under the following described property:

Situated in the County of Monroe, in the State of Ohio and in the Township of Sunsbury and bounded and described as follows:

Parcel No. 1:  Being the N. E. Quarter of the S. W. Quarter of Section 29, Township 4 of Range 4, containing 40 acres, more or less.

Parcel No. 2:  Part of the West Half of the S. E. Quarter of Section 29, Township 4, Range 4, commencing at the northeast corner of the S. W. quarter; thence E. with the north boundary line of the S. E. Quarter of said Section 29 rods to a stone; thence South 57 rods 16 ½ links to a stone; thence East 5 rods to a stone; thence south 23 rods 16 ½ links to the north boundary of the S. W. quarter of said S. E. quarter of said Section; thence W. 3 rods and 19 links to a stone; thence S. 80 rods 18 links to the S. boundary line of said section thence W. 30 rods and 6 links; thence N. 161 rods 11 links to the place of beginning, containing 30 acres 2 rods and 20 perches more or less.

Parcel No. 3:  Being the N. E. corner of the N. W. quarter of the S. W. quarter of Section 29, Township 4, Range 4, except 2 acres deeded by Henry Sidles to Harvey Hendershot containing 6 acres more or less.

Parcel No. 4:  Being the N. E. part of the S. E. quarter of the S. W. quarter of Section 29, Township 4, Range 4; beginning for the same at the N. E. corner of the S. E. quarter of the S. W. quarter of said Section 29, Township 4, Range 4, and running thence N. 87 degrees W. 20.52 chains to the N.W. corner of said quarter quarter section thence with the county road leading up and down Atkinson’s run S. 45 degrees E. 6 chains; thence S. 64 1/4 degrees E. 4 ½ chains; thence S. 55 1/4 degrees E. 1 chain; thence S. 35 1/4 degrees E. 2 chains; thence S. 38 degrees E. 3 chains; thence S. 53 1/4 degrees E. 4 chains; thence S 30 degrees E. 2 chains; thence S. 51 1/4 degrees E. 2 chains; thence S. 45 degrees E. 3.74 chains to the E. boundary line of the S. E. quarter of the S. W. quarter of Section 29; thence N. 3 degrees E. 16 and 63 chains to the place of beginning, containing 92.95 acres more or less, in all the above parcels.

Tract I, Parcel 4, containing 16.95 acres more or less thus total acreage is 92.95, more or less.

 As for the real estate described above:

A severed Mineral Interest was purportedly reserved by J.W. Miller and/or Viola Miller in that certain deed to Oakley Miller dated September 18, 1922 and recorded September 23, 1922 at Volume 92, Page 436, Deed Records of Monroe County, Ohio.  In the Deed, J.W. Miller and/or Viola Miller reserved the “the one half of the oil and gas royalty in and under said premises.”

Philip M. Ackerman and Sally M. Ackerman are the present owner of the real estate described above, having acquired and/or reserved title by virtue of the Quit Claim Deed recorded on January 18, 2011 at Volume 198, Page 339, Official Records of Monroe County, Ohio.

The Mineral Interest is considered abandoned because 1) there has been no production or withdrawal of minerals by the holders of the Mineral Interest for the preceding twenty (20) years; 2) the Mineral Interest has not been the subject of any title transactions filed or recorded in the Monroe County Recorder’s office within the past twenty (20) years; 3) there has been no underground gas storage operations on said property for the preceding twenty (20) years; 4) there have been no drilling or mining permits issued to the holders of the Mineral Interest for the preceding twenty (20) years; 5) there have been no claims to preserve the Mineral Interest filed within the preceding twenty (20) years; and 6) there is no separately listed tax parcel number created for the Mineral Interest in the Monroe County Auditor’s tax list and in the Monroe County Treasurer’s tax list.

The landowners intend to file for record an affidavit of abandonment pursuant to R. C.  §5301.56 with the recorder of Monroe County, Ohio, at least thirty (30), but not later than sixty (60), days after the date of this notice.

Daniel P. Corcoran

Theisen Brock LPA 

424 Second Street

Marietta, Ohio 45750 

Telephone:  (740) 373-5455 

Counsel for the landowners, Philip M. Ackerman and 

Sally M. Ackerman

(475063)

September 26, 2019

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NOTICE

The following matters are the subject of this public notice by the Ohio Environmental Protection Agency. The complete public notice, including any additional instructions for submitting comments, requesting information, a public hearing, or filing an appeal may be obtained at: http://www.epa.ohio.gov/actions.aspx  or Hearing Clerk, Ohio EPA, 50 W. Town St. P.O. Box 1049, Columbus, Ohio 43216. Ph: 614-644-3037 email: HClerk@epa.ohio.gov

Approval of Directors Authorization request to exceed thresholds in the 401 WQC

DA Gehrig Well Lateral

Monroe County, OH

Facility Description: 401 Certification

ID #: DSW401196267

Date of Action: 09/12/2019

This final action not preceded by proposed action and is appealable to ERAC.

Approval of a Director’s Authorization Application to Exceed 401 WQC Thresholds of Nationwide Permit (NWP) No. 12, Gehrig Well Lateral

Final Issuance of Permit-To-Install and Operate

Eureka Midstream – Cain Ridge Compressor Station

47705 Cain Ridge Rd, Clarington, OH 43915

ID #: P0126199

Date of Action: 09/12/2019

Initial PTIO for a compressor station; includes administrative modification to correct errors and omissions and to transition from a Title V to a non-Title V facility

Application Received for Air Permit

Eclipse Resources 1 LP – Craig Miller Pad

49372 Headley Ridge Rd, Beallsville, OH 43716

ID #: A0064500

Date of Action: 09/16/2019

Eclipse Resources is applying for air emission coverage through general permits 12.1 for oil and gas production sites.

September 26, 2019

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PUBLIC NOTICE

Monroe Water Systems intends to contract for professional engineering and surveying services in connection with future water system improvements. These projects may include, but not be limited to, water treatment, storage and distribution system projects over the next three years. Engineering firms interested in being considered for a contract to provide the required services should reply with a single Statement of Qualifications no later than October 10, 2019 at 3:00 p.m. Statements received after this deadline will not be considered.

The projects may include but not be limited to: acquisition of funding; preparation of preliminary and final design; construction plans and specifications; and bidding and construction phase engineering services including resident project representative for these projects. Monroe Water Systems may wish to retain the selected firm for three years, with the potential for additional three year extensions at Monroe Water Systems’ option.

Statements of Qualification should include information regarding the firm’s competence to perform the required services as indicated by the technical training, education, and experience of the firm’s personnel, especially the technical training, education, and experience of the employees within the firm who would be assigned to perform the services; ability of the firm in terms of its workload and the availability of qualified personnel, equipment, and facilities to perform the required services competently and expeditiously; past performance of the firm as reflected by the evaluations of previous clients with respect to such factors as control of costs, quality of work, and meeting of deadlines; the firm’s experience in designing similar projects within the last five years; the firm’s experience with applying for funding assistance programs; the firm’s proximity to the water system; references; and any experience and work history with Monroe Water Systems, although experience with Monroe Water Systems is not required.

Statement of qualifications shall be submitted to: Monroe Water Systems, 43022 Six Points Road, P.O. Box 15, Laings, Ohio 43752.

As required by Ohio Revised Code 153.65 et seq., responding firms will be evaluated and ranked in order of their qualifications. Following this evaluation, the Board of Monroe Water Systems will enter into contract negotiations with the most highly qualified firm.

September 26, October 3, 10, 2019

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