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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
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February 21, 2012     Spirit of Jefferson Farmers Advocate
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PAGE C6 Legals Wednesday, February 22, 2012 }1--!I WEST VIRGINIA DEPARTMENT OF TRANSPORTATION Division of Highways NOTICE TO CONTRACTORS Bids will be received electronically by the West Virginia Department of Transportation, Division of Highways through the Bid Express Bidding Service (www.bidx.com) and by sealed proposals(only when prequalifi- cation is waived) being received at its office in Building 5, Room A-748, 1900 Kanawha Boulevard East, Charleston, West Virginia until March 06, 2012 at 10:00 a.m. (Eastern Standard l)me). The bids will be down- loaded and/or opened and read publicly thereafter for the construction of the following project(s): State Federal Call Contract Project Pro_iect Description 003 1004445 S385- OSTP Pavement Markings 0STR/IP- 2012 D-5 2012 Roadway 012.00 00 020 D00 Striping District Wide County: Mineral Jefferson Hardy Other Proposals will be received from prequalified and West Virginia li- censed contractors only except that on Federal-Aid Projects a contrac- tors' license is not required at time of bid, but will be required before work can begin. Registration is required with the Department of Administration, Division of Purchasing, in accordance with Chapter 5A, Article 3, Section 12 of the West Virginia Code. All contractors submitting bids on project(s) must include one of the following forms properly executed with each pro- posal: Proposal Guaranty Bond, Cashier's Check, or Certified Check for $500.00 or 5% of total bid, whichever is greater. *These are projects on which any contractor with a Category 'V" Prequalification Rating may be eligible to bid. The West Virginia Department of Transportation, Division of High- ways reserves the right to defer, delay or postpone the date for receiving and publicly opening proposals for any project designated in this adver- tisement, without the necessity of renewing such advertisement. All bid- ders holding valid bidding proposals will be notified of such deferment, delay or postponement and the date that proposals will be received and publicly opened. The West Virginia Department of Transportation, Division of High- ways hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will be not be discriminated against on the grounds of race, color, religion, sex or national origin in consideration for an award. West Virginia Department of Transportation Division of Highways Robert L. Pennington, P.E. Director of Program Planning and Administration 2/15/2t TARIFF FORM NO. 12 (TARIFF RULE 44) PUBLIC NOTICE OF CORRECTED CHANGE IN RATES BY MUNICIPALITIES NOTICE is hereby given that the Harpers Ferry Water Works, a public utility, has adopted by ordinance on February 13, 2012, a tariff that provides for an initial security deposit of fifty dollars ($50.00) and a returned check fee of thirty five ($35.00). The Town of Harpers Ferry furnishes water service to 812 customers at the in the County of Jef- ferson. The proposed charges will become effective on March 29, 2012, unless otherwise ordered by the Public Service Commission. The average monthly bill for the vanous classes of customers will be changed as follows: ($) INCREASE INCREASE (%) Residential $. 0 0 % Commercial $ 0 0 % Industrial $ 0 0 % Resale $ 0 0 % Other $ __0 0 % Furthermore, the requested charges are subject to change by the Public Service Commission in its review of this filing. The Commis- sion shall review and approve or modify the proposed charges only upon the filing of a petition within thirty (30) days of the adoption of the ordinance changing said rates or charges, by: (1) Any customer aggrieved by the changed rates or charges, who presents to the Commission a petition signed by not less than twenty- five percent of the customers served by such municipally operated public utility; or (2) Any customer who is served by a municipally operated public utility and who resides outside the corporate limits and who is affected by the change n said rates or charges and who presents to the Commission a petition alleging discrimination between customers within and without the municipal boundaries. Said petition shall be accompanied by evidence of dis- crimination; or (3) Any customer or group of customers who are affected by said change in rates or charges who reside within the municipal boundar- ies and who present a petition to the Commission alleging discrimi- nation between said customer or group of customers and other cus- tomers of the municipal utility. Said petition shall be accompanied by evidence of discrimination. All petitions should be addressed to the Executive Secretary, Pub- lic Service Commission of West Virginia, 201 Brooks Street, P. O. Box 812, Charleston, West Virginia 25323. A corn plete copy of the proposed rates or charges, as well as a representative of the utility to provide any information requested con- cerning it, is available to all customers, prospective customers, or their agents at the following office of the utility: Town of Harpers Ferry Town Hall 1000 Washington Street Harpers Ferry, WV 99 25425 2/22/2t TO THE CREDITORS AND BENEFICIARIES OF THE ESTATE OF BETHEL HOTTEL PRINTZ All persons having claims against the Estate of the said Bethel Hottel Printz, deceased, whether due or not, are notified to exhibit their claims, with the voucher thereof, legally verified, to the undersigned, at P.O. BOxA, Shepherdstown, WV 25443, on or before the date which is ninety (90) days after the first publica- tion of this Notice, otherwise they may by law be excluded from all benefit of said Estate. All benefi- ciaries of said Estate may appear or request in writing on or before said day to examine said claims and otherwise protect their inter- ests. Given under my hand this 13th day of February, 2012. D. Frank Hill, III Fiduciary Commissioner County of Jefferson 2/15/2t NOTICE OF SALE OF VALUABLE REAL ESTATE BY SUBSTITUTE TRUSTEE Notice is hereby given that de- fault has occurred in the payment of an indebtedness secured by a Deed of Trust dated April 4, 2008, between David Holmes Smith, Borrower, and John C. Skinner, Jr., Trustee, recorded in the Of- fice of the Clerk of the County Commission of Jefferson County, West Virginia on April 4, 2008, in Deed of Trust Book 1711, at Page 404, and which Deed of Trust authorizes the Lender to substitute a Trustee, at its op- tion, and the. Uender having ap- pointed EP Trust Services as Substitute Trustee, by Substitu- tion of Trustee recorded in the aforesaid Clerk's Office in Deed Book 1103, at Page 443, and the undersigned Substitute Trustee having been requested by the owner and holder of the said in- debtedness to enforce the Deed of Trust, will offer for sale at pub- lic auction at the front door of the Courthouse of Jefferson County, at 100 East Washington Street, Charles Town, West Virginia, on Thursday, March 8, 2012, at 9:30 o'clock a.m., all that certain real estate situate in the Harpers Ferry District, Jefferson County, West Virginia, and more particu- larly described as follows: All of those certain lots or par- cels shown and designated as Lots B-3 through 5, containing 31,482 square feet on Preston Street, shown on a plat prepared by Lee A. Ebert, dated October 29, 1980, and recorded in the r  .... " bpirit of JEFFERSON a FARMER'S ADVOCATE Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 480, at Page 108. AND BEING the same real estate which was conveyed to David Holmes Smith from Mark Alexander Smith Homes, Inc., by deed dated April 3, 2008, record- ed in the aforesaid Clerk's Office in Deed Book 1049, at Page 110. TERMS OF SALE: All cash; 10% on day of sale in cash, cer- tified or cashier's check may be required of bidder(s) other than the party secured by the refer- enced Deed of Trust, before a bid is received and accepted, to be refunded to the bidder unless the property is sold to him or her. Settlement in 30 days. If the pur- chaser cannot or does not comply with the terms of the sale, or fails to settle within 30 days, the Sub- stitute Trustee(s) may consider the deposit forfeited and readver- tise and sell the property at the risk and cost of the defaulting pur- chaser, or, without forfeiting the deposit, avail themselves of any legal or equitable rights against the defaulting purchaser. If the Substitute Trustee(s) cannot or do not comply with or comPlete the terms of the sale, the purchaser's sole remedy shall be limited to the - return of any deposit. By bidding, the purchaser agrees that pur- chaser ts not entitled to any legal or equitable remedy in the event the Substitute Trustee(s) did not have the right to sell. The balance of the purchase price shall be due in cash, certified check or wire transfer at settlement. All costs of conveying, examination of title, recording and transfer taxes and settlement fees shall be at the cost of the purchaser. Neither the Sub- stitute Trustee(s) nor the secured party assumes any obligation to deliver possession of the property. The Substitute Trustee(s) reserve the right to postpone or adjourn the sale for any reason. Further terms may be announced at the sale. The deed from the Substi- tute Trustee(s) will be subject 'to llany liens for any unpaid real es- tate taxes, water rents and sewer charges, utility line easements, rights of way, restrictive covenants of record, and matters appearing among the land records and/or upon inspection of the property. The Substitute Trustee(s) will de- liver to the purchaser a Trustee's Deed conveying the real estate "sold, but will be without covenant or warranty expressed or implied. This is a buyer beware sale and any buyer is advised to retain counsel before the sale. No rep- resentations concerning the sta- tus of title, leases, occupancy, Estate of George C. Gingher, deceased Personal Representative: Marjorie G. Sparks, Executrix 74 Tree Line Dr. Charles Town, WV 25414 Attorney: John K. Dorsey 104 W. Congress St. Charles Town, WV 254174 Estate of Jerry Myers Johnson, II, deceased Personal Representative: Viola G. Johnson, Administratrix P.O. Box 2582 Martinsburg, WV 25402 Estate of Yvonne C. Miles, deceased Personal Representative: Karen Clinton, Executrix 711 Hillwood Ave. Falls Church, VA 22042 Estate of Faye Virginia Rodgers, deceased Personal Representative: Ronald H. Rodgers, Administrator 351 Belvedere Drive Charles Town, WV 25414 Estate of Keith Seldon Snyder, Sr, deceased Personal Representative: Dawn R. Snyder, Administratrix 22 Finch Lane Shepherdstown, WV 25443 Estate of Harold W. Stouffer, deceased Personal Representative: Evonne OQuinn, Administratrix 2218 Old Cave Road Charles Town, 25414 Attorney: John K. Dorsey 104 W. Congress St. Charles Town, WV 254174 Estate of Eric William McLaughin, deceased Personal Representative: Russell McLaughlin, Administrator 95 Black Oak Road Harpers Ferry, WV 25425 Attorney: F Samuel Byrer P.O. Box 597 Charles Town, WV 25414 Date of first publication: Feb- ruary 22, 2012 Claims against the estate must be filed in accordance with the prowsions of 44-2-1 of the West Virginia Code. Any person seeking to im- peach or establish a Will must make a complaint in accordance with the provisions of 41-5-11, 12, or 13. Any person interested in the above referenced estate who objects to the qualifications of zoning, physical or environmental the Personal Representative or conditions, access and/or avail- the venue or jurisdiction of the ability of utilities are made either Court, shall file notice of an objec- by the Substitute Trustee(s) or the secured party. The party secured by the Deed of Trust reserves the right to purchase the property at such 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 with- in a period of 120 days from the date of such sale or the period al- lowable for redemption under lo- cal 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. EP Trust Services, SUBSTITUTE, TRUSTEE 115 E. Washington Street Charles Town, WV 25414 Phone: 304-725-7029 2/22/3t NOTICE OF ADMINISTRATION Jefferson County Clerk's Probate Office P. O. BOx 208 100 E. Washington Street Charles Town, WV 25414 Estate of Nancy Elizabeth Crane, deceased Personal Representative: Joseph T. Crane, III, Executor 3433 EIIwood Ave. Richmond, VA 23221 Attorney: John K. Dorsey 104 W. Congress St. Charles Town, WV 254174 Estate of Joseph Thompson Crane, JR., deceased Personal Representative: Joseph T. Crane, II1, Executor 3433 EIIwood Ave. Richmond, VA 23221 Attorney: John K. Dorsey 104 W. Congress St. Charles Town, WV 254174 Estate of Judy Ann Dillow, deceased Personal Representative: Debra D. Gray, Administratrix P.O. Box 110 Bunker Hill, WV 25413 Estate of William Edgar Dodson,Jr, deceased Personal Representative: Mary Jane Hill, Administratrix 550 Egypt Road Kearneysville, WV 25430 tion with the Clerk of the County Commission within NINETY (90) DAYS after the date of the first publication of this notice or within THIRTY (30) DAYS after service made by the Personal Represen- tative, whichever is later. Settlement of the estate of the above named decedent will pro- ceed without reference to a fidu- ciary (ommissioner unless within ninety days from the first publica- tion of this notice a reference is requested by a party in interest or an unpaid creditor files a claim and good cause =s shown to sup- port reference to a fiduciary com- missioner. If an objection is not timely filed, the objection is forever barred. 2/22/2t NOTICE OF ADMINISTRATION (FC) Jefferson County Clerk's Probate Office P. O. Box 208 100 E. Washington Street Charles Town, WV 25414 Estate of Rebecca Alger Allara,, deceased Personal Representative: E. Douglas Allara, Jr. DVM, Co-Executor 231 N. SamuelStreet Charles Town, WV 25414 Rebecca A. Kirby 64 Webhannet Dr. Charles Town, WV 25414 Attorney: E Samuel Byrer P.O. Box 597 Charles Town, WV 25414 Fiduciary Commissioner: Andrew Arnold P.O. Box 69 Shepherdstown, WV 25443 Date of first publication: Feb- ruary 22, 2012 Claims against the estate must be filed in accordance with the provisions of 44-2-1 of the West Virginia Code. Any person seeking to im- peach or establish a Will must make a complaint in accordance with the provisions of 41-5-11, 12, or 13. Any person interested in the abmie referenced estate who objects to the qualifications of the Personal Representative or the venue or jurisdiction of the Court, shall file notice of an objec- tion with the Clerk of the County Commission within NINETY (90) DAYS after the date of the first publication of this notice or within THIRTY (30) DAYS after service made by the Personal Represen- tative, whichever is later. If an objection is not timely filed, the objection is forever barred. 2/22/2t LEGAL NOTICE PUBLIC HEARING NOTICE CITY OF RANSON In accordance with W. Va. Code 8A-7-1 et seq. and 8A- 3-1 et seq., the Ranson Planning Commission will hold public hear- ings on March 5,2012, and March 26, 2012, at 7:00 p.m. at Ranson City Hall, 312 S. Mildred Street, Ranson, WV. The purpose of the public hearing is to accept public comments on the following: (1) 2012 Ranson Comprehensive Plan; (2) the repeal and reenact- ment of Chapter 19 of the Ranson Municipal Code "Ranson Zoning Ordinance" with amendments to ensure compliance with the 2012 Comprehensive Plan; (3) enact- ment of Chapter 19A the "Ranson SmartCode" zoning ordinance; and, (4) adoption the official zon- ing map of the City of Ranson." Upon recommendation and ap- proval of the documents by the Ranson Planning Commission, City Council is scheduled to hold two additional public hearings and first reading of an ordinance approving the documents on April 3, 2012, 2:00 p.m. and 7:00 p.m. at Ranson City Hall. Final reading before the Ranson City Council is scheduled for April 17, 2012. Copies of the 2012 Compre- hensive Plan, proposed amend- ments to Chapter 19; the Ranson SmartCode; proposed zoning map; and current zoning map are available for inspection during office hours 9:00 - 5:00 at City Hall or on the City's website at www.ransonrenewed.com under the "resources" tab. All persons are invited to attend and make comments about the proposed ordinances. If you cannot attend but wish to comment, you may write to the following address prior to March 26, 2012: City of Ranson, Attn: Zoning Comments, 312 S. Mildred Street, Ranson, WV 25438. Written comments received prior to March 26, 2012 will be provided to the Planning Commission and inserted into the official record. Ray A. Braithwaite, Recorder Chris Gaskins, Planning Commisston Secretary 2/22, 3/14, 3/21 NOTICE OF SUCCESSOR TRUSTEE'S SALE OF REAL PROPERTY SPRUCE HILL NORTH SU BDIVISlON Notice is hereby given that, by virtue of the authority vested in Robert E. Glenn, as Successor Trustee ("Successor Trustee"), by Deed of Trust made and exe- cuted by Spruce Hill LLC, a West Virginia limited liability company, to D. Robert Abruzzino, II, as Trustee, dated August 30, 2007, recorded in the office of the Clerk of the County Commission of Jef- ferson County, West Virginia in Deeds of Trust Book 1673, page 339 and re-recorded in Deeds of Trust Book 1675, page 38 (the "Deed of Trust"); and the said Robert E. Glenn, acting as Suc- cessor Trustee under and by vir- tue of a certain Appointment of Successor Trustee, dated Febru- ary 13, 2012, and recorded in the aforesaid Clerk's office in Book 1104, page 393; and default hav- ing been made in the payment of the indebtedness secured by the Deed of Trust, the owner and holder of said indebtedness hav- ing elected to treat the said in- debtedness secured by the Deed of Trust as immediately due and payable and having requested in writing the sale of the real estate conveyed by the Deed of Trust; NOW, THEREFORE, the Suc- cessor Trustee, having been re- quested so to do by said owner and holder, Sovereign Bank, N.A. (formerly known as Sovereign Bank), will sell the real estate conveyed by the Deed of Trust at public .auction to the highest bid- der at the front door of the Court- house of Jefferson County, West Virginia, in Charles Town, West Virginia, on March 12, 2012, at 100 pm, local time, and which said real estate is more particu- larly described in the Deed of Trust as follows: All that certain real estate situ- ate in the Charles Town Corpo- ration, Jefferson County, West Virginia and more particularly de- scribed as follows: Being all of Lots 51 thru 119, Section Two, of Spruce Hill North as the same is designated and described on a plat entitled "Final Plat of Subdivision Section Two (51-119) Spruce Hil North" made by Associated Engineering Sci- ences, Inc. dated October 2005 and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Vir- ginia in Plat Book 23, at Page 41, TOGETHER WITH a non-exclu- sive right Of way over the streets and roads as shown on the afore- said plat for access to and from the real estate herein conveyed. TOGETHER WITH AND SUBJECT TO the covenants, conditions and restrictions set forth in that certain Declaration of Covenants and Restrictions of Spruce Hill North Subdivi: sion recorded in the aforesaid Clerk's office in Deed Book 1034, at Page 76, as amended by Supplemental Declaration of Covenants and Restrictions for Spruce Hill North-Section Two, recorded in the aforesaid Clerk's office in Deed Bool 1053, page 252, and as further amended by First Amendment to Declaration of Covenants and Restrictions of Spruce Hill North Subdivision, recorded in the aforesaid Clerk's office in Deed Book 1084, page 600. EXCLUDING, HOWEVER, the following lots which have re- leased from the lien of the Deed of Trust: Lots 51,52, 53, 54, 55, 56, 57, 58, 59, 60, 61,92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 114, 115, 116, 117 and 118, as designated and described on a plat entitled Final Plat of Subdi- vision for Spruce Hill North Sec- tion Two (Lots 51-119), recorded n the Office of the Clerk of the County Commisston of Jeffer- son County, West Virginia in Plat Book 23, at Page 41. FURTHER EXCLUDING, HOWEVER, all right, title and in- terest in and to a sewer pipeline collection system conveyed by a certain deed dated October 27, 2008 and recorded in the afore- said Clerk's office in Deed Book 1059, page 340. TERMS OF SALE 1. One third of the purchase money cash in hand, one third thereof, with interest, in one year, and the residue thereof, with in- terest, in two years from the day of sale, taking from the purchaser his notes, with good security, for the deferred payments, and ei- ther retaining the legal title as further security or cony.eying the legal title and reserving in the deed of conveyance a lien for the deferred purchase money, or otherwise securing the same. Credit terms are subject to the creditworthiness of the success- ful bidder, to be determined by the Successor Trustee in his sole discretion. 2. The above-described real estate will be sold subject to: (i) all prior liens senior in pri- ority to the Deed of Trust, includ- ing but not limited to that certain Deed of Trust made and executed by Spruce Hill LLC, a West Virg in- ia limited liability company, to D. Robert Abruzzino, II, as Trustee, dated August 30, 2007, recorded in the aforesaid Clerk's office in Deeds of Trust Book 1673, page 286, securing a stated principal indebtedness in the amount of $2,300,000.00; (ii) all unpaid real estate taxes or assessments, encumbrances and claims in favor of public ser- vice districts/municipal sanitary. boards, if any; and (iii) any covenants, restric- tions, conditions, reservations, rights of way and easements re- corded in the aforesaid Clerk's of- fice prior to the Deed of Trust and affecting the above-described real estate. 3. The above-described real estate will be sold and without re- sponsibility for or representations as to any items of personal prop- erty located thereon; and, any party claiming an interest in any item of personal property is re- sponsible for the removal thereof prior to the date of sale. 4. The above-described real. estate will be sold by the Suc- cessor Trustee by auction to the highest bidder subject to the right of the Successor Trustee to reject all bids if, in his opinion, said bids are inadequate. 5. The Successor Trustee reserves the right to qualify bid- ders as to their creditworthiness to purchase the above-described: real estate. 6. The owner and holder ofl the indebtedness secured by the Deed of Trust shall have the right to bid. 7. The sale shall be without representation or warranty of any kind, express or implied. CONTINUANCE OR ADJOURNMENT OF SALE The Successor Trustee re;. serves the right to continue th sale or to adjourn the sale for a time or from time to time without further notice other than oral pub-- lic announcement at the time and. the place of sale as hereinabove set forth or at any continuance or adjournment thereof. Any questions regarding the sale should be directed to Robert E. Glenn, Successor Trustee at: P.O. Box 1068 310 West Burke Street Martinsburg, West Virginia 25402 Phone: (304) 260-4957 Email: rglenn @jacksonkelly.com Robert E. Glenn, Successor Trustee 2/22/2t I