Legal Notices for September 25, 2013

Posted on September 25, 2013

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO ISSUE PERMIT MODIFICATION
The Department of Environmental Protection gives notice of its intent to issue Permit Modification (File No. 62-136116-005-EM) to Buckeye for a five-year extension of DEP Permit No. 622768899.  The New expiration date of the permit construction phase will be December 22, 2019.
The treated effluent pipeline and appurtenant structure is a linear project located between Section 8, Township 5 South, Range 8 East and Section 36, Township 5 South, Range 5 East, in Taylor County, within the landward extent of the Fenholloway River.
Mediation is not available.
A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes.  The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Under rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.  Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline.  A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect.
If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding.  Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code.
In accordance with rules 28-106.111(2) and 62-110.106(3)(a)(4), petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice.  Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first.  Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing.  The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person’s right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes.
A petition that disputes the material facts on which the Department’s action is based must contain the following information:
(a)  The name and address of each agency affected and each agency’s file or identification number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination;
(c)  A statement of when and how the petitioner received notice of the agency decision;
(d)  A statement of all disputed issues of material fact.  If there are none, the petition must so indicate;
(e)  A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.
A petition that does not dispute the material facts on which the Department’s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.
This intent to issue constitutes an order of the Department.  Subject to the provisions of paragraph 120.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 323993000; and by filing a copy
of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal.  The notice of appeal must be filed within 30 days from the date when the order is
filed with the Clerk of the Department.  The applicant, or any party within the meaning of section 373.114(1)(a) or 373.4275 of the Florida Statutes, may also seek appellate review of the order before the Land and Water Adjudicatory Commission under section 373.114(1) or 373.4275 of the Florida Statutes.  Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served to the Department within 20 days from the date when the order is filed with the Clerk of the Department.

IN THE CIRCUIT COURT OF THE
3RD JUDICAL CIRCUIT, IN AND FOR Taylor
COUNTY, FLORIDA
CIVIL DIVISION:
CASE NO.: 11431CA12
CITIMORTGAGE, INC.,
Plaintiff,
vs.
WILLIAM F. LANCASTER SR.;
MARGARET L. LANCASTER; WILLIAM
F. LANCASTER JR.; UNKNOWN
TENANT(S); IN POSSESSION OF THE
SUBJECT PROPERTY,
Defendants.
NOTICE OF FORECLOSURE SALE
NOTICE IS HEREBY GIVEN pursuant to Final Judgment of Foreclosure dated th 9th day of September, 2013, and entered in Case No. 11431CA, of the Circuit Court of the 3RD Judicial Circuit in and for Taylor County, Florida, wherein CITIMORTGAGE, INC. is the Plaintiff and WILLIAM F. LANCASTER SR., MARGARET L. LANCASTER, WILLIAM F. LANCASTER JR.  and UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT PEOPERTY are defendants. The Clerk of this Court shall sell to the highest and best bidder for cash at the, WEST DOOR OF THE TAYLOR COUNTY COURTHOUSE, 108 N. JEFERSON STREET, PERRY FL 32347, 11:00 AM on the 10th day of October, 2013, the following described property as set forth in the said Final Judgment, to wit:
THE SOUTH 1/2 OF LOTS 19 AND 20 OF BLOCK 36 OF THE STEINHATCHEE SUBDIVISION, AS PER THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT TAYLOR COUNTY, FLORIDA IN PLAT BOOK 1, PAGE 26
Property Address: 1210 2ND AVENUE SE STEINHATCHEE, FL 32359
ANY PERSON CALIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OHTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS UST FILE A CLAIM WITHIN 60 DAYS AFTER THE SALE.
If you are a persons with a disability who needs any accommodation in order to participate in the proceeding you are entitled, at no cost to you, to the provision of certain assistance. Individuals with a disability who require special accommodations in order to participate in a court proceeding should contact the ADA Coordinator, 173 N.E. Hernando Avenue, Room 408, Lake City, FL 32055, (386) 719-7428, within two (2) business days of receipt of his notice to appear.
Individuals who are hearing impaired should call (800 955-8771. Individuals who are voice impaired should call (800) 955-8770.
Dated this 13 day of Sept., 2013.
ANNIE MAE MURPHY
Clerk of the Circuit Court
By:Marti Lee
Deputy Clerk

IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR TAYLOR COUNTY
CIVIL DIVISION
CASE NO. 12458CA
THE BANK OF NEW YORK MELLON FKA THE BANK
OF NEW YORK, AS TRSUTEE FOR THE CWABS,
INC., ASSET-BACKED CERTIFICATES, SERIES 2007-1,
Plaintiff,
vs.
ADRIANNE SPAIN A/K/A ADRIANNE SPAIN CONDE;
UNKNOWN SOUSE OF ADRIANNE SPAIN A/K/A
ADRIANNE SPAIN CONDE; VICTOR CONDE, III;
UNKNOWN SPOUSE OF VICTOR CONDE, III; IF
LIVING, INCLUDING ANY UNKNOWN SPOUSE OF SAID
DEFENDANTS(S), IF REMARRIED, AND IF DECEASED, THE RESPECTIVE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, CREDITOR, LIENORS, AND TRUSTEES, AND ALL OTHER PERSONS CALIMING BY, THROUGH, UNDER OR AGAINST THE NAMED DEFENDANT(S); UNKNOWN TENANT #1; UNKNOWN TENANT #2;
Defendants(s)
_________________/
NOTICE OF SALE
Notice is hereby given that, pursuant to a Final Summary Judgment of Foreclosure entered in he above-styled cause, in the Circuit Court of Taylor County, Florida, I will sell the property situated in Taylor County, Florida, described as:
COMMENCE at the Southeast corner of the Northeast quarter of the Northeast quarter of Section 34, Township 4 South, range 7 East and run South 88˚ 42′ 14″ west along the forty lone 660.14 feet; thence run North 00˚ 08’33” West 330.00 feet for the POINT OF BEGINNING; thence run North 00˚ 08’33” West 330.00 feet; thence run South88˚ 42’14” West 660.00 feet to the Easterly right of way of Golf Course Road; thence run South 00˚ 16’40” East along he said right of way 330.00 feet; thence run North 88˚42’14” West 660.00 feet to the POINT OF BEGINNING. Said parcel is located in Section 34, Township 4 South, Range 7 East, Taylor County, Florida.
A/K/A
2150 Golf Course Rd.
Perry, FL 32348
at public sale, to the highest and best bidder, for cash, At the West door of the Taylor County Courthouse, 108 N. Jefferson Street, Perry, Florida 32347 at 11:00 a.m., on March 11, 2014.
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of lis pendens, must file a claim within 60 days after the sale.
Witness, my hand and seal of this court on the 13 day of Sept.
CLERK OF CIRCUIT COURT
By: Marti Lee
Deputy Clerk
AMERICANS WITH DISABIITIES ACT: If you are a person with a disability who required accommodations in order to participate in a court proceeding, you are entitled, at no cost to you, the provision of certain assistance. Individuals with a disability who require special accommodations in order to particiapte in a court proceeding should contact the ADA Coordinator, 173 NE Hernando Avenue, Room 408, Lake City, FL32055, (386) 719-7428, within tow (2) business days of the receipt of notice to appear.
Individuals who are hearing impaired should call (800) 955-8771.
Individuals who are voice impaired should call (800) 955-8770.

IN THE CIRCUIT COURT FOR TAYLOR COUNTY,
FLORIDA PROBATE DIVISION
IN RE:  ESTATE OF
File No. 13-660-CP
BASAVARAJ MUTNAL,
Deceased.
NOTICE TO CREDITORS
The administration of the estate of BASAVARAJ MUTNAL, deceased, whose date of death was June 30, 2013, is pending in the Circuit Court for Taylor County, Florida, Probate Division, File Number 13-660-CP, the address of which is 108 N. Jefferson St., Perry, Florida 32347. The names and addresses of the personal representative and the personal representative’s attorney are set forth below.
All creditors of the decedent and other persons having claims or demands against decedent’s estate on whom a copy of this notice is required to be serve must file their claims with this court WITHIN THE LATER OF THREE (3) MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE OR THIRTY (30) DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.
All other creditors of the decedent and other persons who have claims or demands against the decedent’s estate must file their claims with this court WITHIN THREE (3) MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN SECTION 733.702 OF THE FLORIDA PROBATE CODE WILL BE FOREVER BARRED.
NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT’S DATE OF DEATH IS BARRED.
THE DATE OF FIRST PUBLICATION OF THIS NOTICE IS: Sept. 18, 2013
Attorney for Personal Representative:    Personal Representative:
ROBERT A. PIERCE
Florida Bar No. 0175399
Ausley & McMullen, P.A.
Post Office Box 391
Tallahassee, FL 32302
(850) 224-9115
bpierce@ausley.com and spelham@ausley.com
LALITHA MUTNAL
108 N. Jefferson St.
Perry, FL 32347

IN THE CIRCUIT COURT FOR TAYLOR COUNTY,
FLORIDA. CIVIL DIVISION
CASE NO. 622010CA000555XXXXXX
U.S.BANK NATIONAL ASSOCIATION, A
NATIONAL BANKING ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY, BUT SOLELY IN ITS
CAPACITY AS TRUSTEE FOR THE TERWIN
MORTGAGE TRUST, SERIES TMTS 2005-6HE,
Plantiff,
vs.
CAY COMMANDER; et al,
Defendants.
_____________/
RE-NOTICE OF SALE
PURSUANT TO CHAPTER 45
NOTICE IS HEREBY GIVEN pursuant to an Order or Summary Final Judgment of foreclosure dated 01/15/2013 and an Order resetting  Sale dated September 9, 2013 and entered in Case No. 622010CA00055XXXXXX of the Circuit Court of the Third Judicial Circuit in and for Taylor County, Florida, wherein U.S. BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY IN ITS CAPACITY AS TRUSTEE FOR THE TERWIN MORTGAGR TRUST SERIES TMTS 2005-6HE is Plaintiff and CAY COMMANDER; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, are Defendants, I will Sell to the highest and best bidder for cash  at on the Front Steps of the Taylor County Courthouse, 108 N. Jefferson Street, Perry, FL 32347 County, Florida, at 11;00 a.m. on the 10th day of October, 2013 the following described property as set forth in said Order or Final Judgment, to-wit,
LOT 9, BLOCK “E”, OF PARVIEW SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE78, OF THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT OF TAYLOR COUNTY, FLORIDA
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS MUST FILE A CLAIM WITHIN 60 DAYS AFTER THE SALE.
DATED at Perry, Florida, on Sept. 11, 2013
ANNIE MAE MURPHY
as Clerk, Circuit Court
By: Marti Lee
As Deputy Clerk

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, THAT THE TAYLOR COUNTY BOARD
OF COUNTY COMMISSIONERS   WILL HOLD THE FIRST OF TWO PUBLIC
HEARINGS  MONDAY OCTOBER 7, 2013  AT 5:30  P.M.   TO RECEIVE
PUBLIC INPUT AND NOTIFY THE  PUBLIC OF THE  POSSIBLE GRANT
SUBMISSION BY THE  TAYLOR COUNTY BOARD OF COMMISSIONERS
TO FLORIDA DEPARTMENT OF TRANSPORTATION, TRANSPORTATION
ALTERNATIVES PROGRAM (TAP) FOR THE 2020  FUNDING CYCLE. THIS
PROGRAM WAS FORMERLY KNOWN AS THE TRANSPORTATION
ENHANCEMENT PROGRAM.  THE SECOND PUBLIC HEARING WILL BE
HELD  TUESDAY, OCTOBER 22, 2013 AT 5:30PM.
ALL MEMBERS OF THE PUBLIC ARE WELCOME TO ATTEND.
NOTICE IS FURTHER HEREBY GIVEN PURSUANT TO  FLORIDA
STATUTE 286.0105, THAT ANY PERSON OR PERSONS DECIDING TO
APPEAL ANY MATTER CONSIDERED AT THIS  MEETING WILL NEED A
RECORD OF THE HEARING AND MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND  EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED THE PUBLIC HEARING WILL BE HELD AT THE TAYLOR COUNTY BOARD OF COMMISSIONERS MEETING ROOM, 201 E. GREEN STREET PERRY, FLORIDA  32347
ALL PERSONS INTERESTED IN THIS MATTER SHOULD BE  GOVERNED
BY THIS PUBLIC NOTICE
ADDITIONAL INFORMATION MAY BE OBTAINED FROM: MELODY COX,
GRANTS DIRECTOR    (858) 838-3553
DATED THIS 17TH   DAY OF SEPTEMBER 2013
BOARD OF COUNTY COMMISSIONERS
TAYLOR COUNTY, FLORIDA