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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
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March 18, 1999     Spirit of Jefferson Farmers Advocate
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March 18, 1999
 

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SPIRIT OF JEFFERSON Farmer's ADVOCATE - Thursday, March 25, 1999 17 TRUSTEE'S SALE e undersigned Successor Stephen R. Kershner, by of the authority vested in that certain Deed of Trust date the 17th day of June, and recorded in the Office of of the County Commis- County, West Vir- in Deed Book 780, at page re-recorded in Deed Book page 654, and pursuant to certain Notice of Appoint- recorded among the afore- records on March 2, in Deed Book 923, at page Deed of Trust having granted by Edward Shawn and Holly S. Clem, under Deed of Trust default hay- made, and the under- Successor Trustee having directed to foreclosure there- r Thomas J. Brazaitis, the r and secured party, will for sale at public auction, at door of the Courthouse in County, West Virginia, corner of George and Wash- Streets in Charles Town, Virginia, on Thursday, April at 11:00 A.M that certain or parcel of real estate with thereon, situ- and being in the Kable- District, Jefferson County, " and more particu- described as follows: that certain parcel of real with the improvements and the appurtenances belonging, situate in District, Jefferson West Virginia, more par- described as Lots Nos. 33 Section 19-F of the Shan- Subdivision, as set forth that certain subdivision plat W.R. Amos, dated No- 1963, and recorded in the of the Clerk of the County Jefferson County, Virginia, in Deed Book 265, 95, TOGETHER WITH to traverse the streets of the subdivision in with other lot owners. BEING the same prop- was conveyed to Edward Martin, et al from Tho- I. Brazaitis, by that certain dated June 17, 1994, and re- ~d among the Jefferson ' land records in Deed Book , page 713. t property shall be conveyed TO: (1) covenants and of record in the Jeffer- ' land records; (2) ease- rights-of-way for utili- and distribution; (3) Jefferson County and any and all !liens, assessments, reserva- i restrictions, rights-of-ways, covenants, convey- and conditions of record in land records and af- the subject real property. OF SALE: Under the of the said Deed of Trust, estate shall be sold for subject property will be "as is" condition. The shall be under no duty to any tenant or per- property said property. Trustee reserves the right the sale, or to adjourn ]e, for a time, or from time to without further notice than at the time and the of sale as hereinabove set any continuance or ad- this 3rd day of March, STEPHEN R. KERSHNER, SUCCESSOR Creditors and Beneficia- r the Estate of P. WARDEN )ersons having claims estate of the said Mar- P. Warden, deceased, or not, are notified to *it same, with the voucher legally verified, to the um at 515 S. Samuel Street, Town, WV 25414 on or the 25th day of May, 1999, they may, by law, be ex- from all benefit of said es- MI beneficiaries of said es- appear on or before said examine said claims and protect their interests. under my hand this 10th f March, 1999. Jo Ann S. Perkins Fiduciary Commissioner, Jefferson County ke undersigned Substitute by virtue of the author- in them by that certain of Trust dated July 31, 1995, uly recorded in the Office of of the County Commis- County, West Vir- in Deed Book 810 at page L. Ray, did convey Victor A. Roberts, Jr and M. Beckwith, Trustees, cer- property described in of trust; and the benefi- 'has elected to appoint Rich- Pill and Kanette L. Huyett Trustees by a Sub- of Trustee recorded in ~fdresaid Clerk's Office; and having been made under Deed of Trust, and the undersigned Substitute Trustees having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Jefferson County Courthouse, in Charles Town, West Virginia, on TUESDAY, APRIL 6, 1999, AT 3:40 O'CLOCK P.M. the following described real es- tate, with its improvements, ease- ments and appurtenances there- unto belonging, situate in the Town of Ranson District, Jefferson County, West Virginia, and more particularly described as follows: All those certain tracts or par- cels of real estate, with improve- ments thereon and appurtenances thereunto belonging, situate in the Town of Ranson, Jefferson County, West Virginia, and desig- nated as Lots 28 and 29, Block 156, as shown on the Plat of the lands of the Charles Town Mining, Manufacturing and Improvement Company, which said plat is re- corded in the Office of the Clerk of the County Commission of Jeffer- son County, West Virginia, in Deed Book X, at page 1. This property is reported to have a mailing address of: 128 East Park~Avenuei-Rans~, WV 25438. AND BEING the same real es- tate which was conveyed to Kath- ryn L. Ray by deed dated May 10, 1995, from Marcus Enterprises and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Vir- ginia, in Deed Book 804 at page 644. The above described property will be sold subject to any cov- enants, restrictions, easements, leases and conditions of record, and subject further to any unpaid real estate taxes. The subject property will be sold in "AS IS" condition. The Substitute Trustees shall be under no duty to cause any existing ten- ant or person occupying the sub- ject property to vacate said prop- erty. TERMS: Ten percent (10%) of the purchase price as a cash de- posit with the balance due and payable within 30 days of the day of sale. Kanette L. Huyett, Substitute Trustee Richard A. Pill, Substitute Trustee P.O. Box 440 1444-A Edwin Miller Blvd Martinsburg, WV 25401 3/18/3t (304) 263-4971 ORDER OF PUBLICATION IN THE CIRCUIT COURT OF JEFFERSON COUNTY, WEST VIRGINIA STATE OF WEST VIRGINIA, Plaintiff VS. CODY RUSSELL JONES, Infant HEATHER JONES, Infant ANGELA RENEE JONES, Mother, RUSSELL WILT, Father, "JOHN DOE", Unknown Father of Heather Jones, "JOHN DOE", Unknown Father of Cody Russell Jones, Respondents. CIVIL ACTION NO. - 98-JA-4 TO: "JOHN DOE", Unknown Father of Cody Russell Jones. NOTICE PLEASE TAKE NOTICE that the undersigned attorney shall on the 29th day of March, 1999, at 3:00 p.m appear in the Judge's Chambers, Jefferson County Courthouse, Charles Town, West Virginia and petition the Judge of the Court to terminate parental rights in and to CODY RUSSELL JONES infant, born October 15, 1998, all in accordance with the West Virginia Code 49-5-1, et seq. At'which t ime, anti, lace you should be present to protect your interests and any rights that you have and to have counsel present to represent your interest. Ralph A. Lorenzetti, Jr. Assistant Prosecuting Attorney of Jefferson County, 3/18/2t West Virginia Clerk of the County Commission of Jefferson County in Plat Book Two (2) at Page 303, to which plat reference is hereby made for a more particular description of said real estate. Pi~j~T~LQ: All that certain tract or parcel of land, situated in Ranson, Jefferson County, West Virginia, fronting 27 feet on Sev- enth Avenue, in said town, and ex- tending back between parallel lines a distance of 125 feet, as des- ignated on plat made by J. Jas. Skinner, S.J.C dated May 19, 1961, recorded with and attached to deed dated May 24, 1961, from Anne Lloyd Baylor, single, to Mary Anne Griffith, et vir in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 246, at page 446, and is designated on Plat of the Charles Town Mining, Manufacturing and Improvement Company recorded in said office in Deed Book X, at Page 1, as all of Lot No. 13, in Block 108, plus two feet off Lot No. 12 in said Block. Parcel One being the same real estate which was conveyed to Gary R. Linaweaver, unmarried, from Susie V. Davenport - Pendle- ton, widow, by deed dated July 25, 1990, and recorded in the afore- said Clerk's Office in Deed Book 662, at page 681. Parcel Two being the same real estate which was conveyed to Al- fred R. Linaweaver and Genevieve S. Linaweaver, husband and wife, as joint tenants with right of sur- vivorship, from Mary Anne Griffith and George H. Griffith, her husband, by deed dated July 3, 1963, and recorded in the afore- said Clerk's Office in Deed Book 261, at Page 51. Genevieve S. Linaweaver died June 24, 1990, thereby vesting fee simple title in said real estate in the said Alfred R. Linaweaver. Alfred R. Linaweaver died February 16, 1995, and by his Will dated Janu- ary 31, 1972, duly probated and recorded in Will Book "HH', at Page 234, devised his estate to his son, Gary R. Linaweaver. The deed from the Trustee will be subject to the lien for any un- paid real estate taxes, utility line easements, rights of way and re- strictive covenants of record and will be without covenant or war- ranty expressed or implied. The subject property will be sold in "AS IS" condition. The Trustee shall be under no duty to cause any existing tenant or per- son occupying the subject property to vacate said property. TERMS OF SALE: Cash, 10% of day of sale, balance within 30 days. JOHN C. SKINNER, JR 3/18/3t TRUSTEI I To the Creditors and Beneficia- ries of the Estate of MARIAN PROTAS All persons having claims against the estate of the said Mar- ian Protas, deceased, whether due or not, are notified to exhibit same, with the voucher thereof, le- gally verified, to the undersigned at 515 S. Samuel Street, Charles Town, WV 25414 on or before the 25th day of May, 1999, otherwise they may, by law, be excluded from all benefit of said estate. All ben- eficiaries of said estate may ap- pear on or before said day to exam- , ine said claims and otherwise pro- tect their interests. Given under my hand this 10th day of March, 1999. Jo Ann S. Perkins Fiduciary Commissioner, 3/18/2t Jefferson County NOTICE OF PENDING OR UNADMINISTERED ESTATE Notice is hereby given that settlement of the estate of the fol- lowing named decedents will pro- ceed without reference to a fidu- ciary commissioner unless within ninety days from the first publica- tion of this notice such reference is requested by a party in interest or an unpaid creditor files a claim and good cause is shown to sup- port such reference to a fiduciary commissioner. Virginia Sturgis Everhart Loyd Hackler Nannie Louise Boyer Janet W. Hufnagel William James Simmons, Sr. NOTICE OF SALE OF Patrick Daniel McCauley VALUABLE REAL ESTATE Dated this 18th day of March, By virtue of the authority 1999. vested in the undersigned John E. Ott Trustee, pursuant to the terms of Clerk of the County Commission that certain Deed of Trust ex- of Jefferson County, WV ecuted by Gary R. Linaweaver to By Robin J. Gaynor, John C. Skinner, Jr Trustee, 3/18/2t Deputy dated July 13, 1995, and recorded in the Office of the Clerk of the To the Creditors and Beneficia- County Commission of Jefferson ries of the Estate of County, West Virginia, in Deed PAUL FRANCIS MIICt~ES Book 809, at Page 379, and default All persons having claims having been made in the provi- against the estate of the said Paul sions of the Deed of Trust and be- Francis Mikules, deceased, ing required by the beneficiary to whether due or not, are notified to do so, the undersigned Trustee exhibit same, with the voucher will sell at public auction at the thereof, legally verified, to the un- front door of the Courthouse of demigned at 515 S. Samuel Street, Jefferson County, West Virginia, Charles Town, WV 25414 on or at Charles Town, West Virginia, before the 25th day of May, 1999, on Monday, April 5, 1999, at 10:00 otherwise they may, by law, be ex- o'clock a.m the following de- cluded from all benefit of said es- scribed real estate: tate. All beneficiaries of said es- ~: That certain rate may appear on or before said parcel of real estate containing day to examine said claims and 0.56 acre, more or less, on the otherwise protect their interests. south side of route 16/4 in Charles Given under my hand this 10th Town District, Jefferson County, day of March, 1999. West Virginia, as said parcel.is de- Jo Ann S. Perkins scribed on a plat by C.R. Fiduciary commissioner, Atherton, C.E. dated April 11, 3/18/2t Jefferson County 1972, of record in the Office of the ORDER OF PUBLICATION thereon and the appurtenances CIRCUIT COURT OF thereunto belonging, situate in JEFFERSON COUNTY, the Kabletown District, Jefferson WEST VIRGINIA County, West Virginia, designated Alton E. Darr, and described as Lot 205, Section Plaintiff 2 of the Avon Bend Subdivision, v. containing 1.015 acres more or Deborah L. Darr, less, as set forth upon that certain Defendant subdivision survey plat prepared Civil Action No. - 99-D-64 by Lee A. Ebert, Surveyor, dated THE OBJECT OF THIS SUIT April 29, 1969 and recorded in the IS TO OBTAIN A DIVORCE. Office of the Clerk of the County To the Above Named Defen- Commission of Jefferson County, dant: West Virginia, in Deed Book 305 It appearing by affidavit filed at page 7, TOGETHER WITH in this action that Deborah L. rights to traverse the streets and Darr is a non-residence of the roads of the subdivision in corn- State of West Virginia, it is hereby mon with other lot owners. ordered that she serve upon Alton The above described real estate E. Darr, plaintiff, whose address is is reported to have a mailing ad- P.O. Box 1107, Harpers Ferry, dress of: West Virginia, an Answer, includ- 107 Macbeth Drive, Charles ing any related counter claim of Town, WV 25414 defense you may have to the Corn- TERMS OF SALE: Cash in plaint filed in this action on or be- hand on day of sale or within 14 fore 3-18, 1999. If you fail to do so, days of date of sale upon terms to thereafter judgment, upon proper be agreed upon between Trustee hearing and trial, may be taken and successful bidder; payment against you for the relief de- for unpaid real estate taxes to be manded in the Complaint. assumed by the purchaser. A copy of said Complaint can be Any sale hereunder may be ad- obtained from the undersigned journed from time to time without Clerk at her office, any notice other than oral procla- Entered by the Clerk of said mation at the time and place ap- Court 3-15-99. pointed for this sale or by posting Patricia A. Noland of a notice of same. Any sale may Clerk Of Court be conducted or adjourned by the By: T Yokley, designated agent or attorney of 3/18/2t Deputy Clerk the Trustee. The undersigned is NOTICE OF TRUSTEE SALE fully vested with the authority to Pursuant to the authority sell said property as substituted vested in the undersigned by deed Trustee by instrument to be re- of trust dated the llth day of corded. March, 1996, signed by Michael A. R. VANCE GOLDEN, III, Toler and Shelly D. Bird, to James Trustee B. Crawford, III, Trustee, which 543 Fifth Street, said deed of trust is of record in P.O. Box 81 the Office of the Clerk of the Parkersburg, WV 26102 County Commission of Jefferson 3/25/2t Telephone (304) 485-3851 County, West Virginia, in Trust Deed Book 826, at page 126, and NOTICE OF TRUSTEE SALE the undersigned, R. Vance Golden, Pursuant to the authority III, Trustee having been requested vested in the undersigned by deed so to do by the Lender, and default of trust dated the 28th day of De, having been made under the cember, 1993, signed by Lora L. terms and conditions of said deed Entsminger and Timothy W. of trust, and the provisions in said Entsminger, husband and wife, to deed of trust concerning accelera- Carol Bittner, Trustee, which said tion having been complied with by deed of trust is of record in the Of- the Lender and present holder of fice of the Clerk of the County the note, said Trustee will sell at Commission of Jefferson County, public auction at 4:32 o'clock, p.m. West Virginia, in Trust Deed Book on the 766, at page 19, and the under- 13TH DAY OF APRIL 1999 signed, R. Vance Golden, III, at the front door of the Courthouse Trustee having been requested so in Jefferson County, West Vir- to do by the Lender, and default ginia, the following real estate, having been made under the more particularly described as fol- terms and conditions of said deed lows: of trust, and the provisions in said All those certain lots or parcels deed of trust concerning accelera- of real estate lying on the east side tion having been complied with by of the Shenandoah River in the the Lender and present holder of Harpers Ferry District, Jefferson the note, said Trustee will sell at County, West Virginia, and being public auction at 4:33 o'clock, p.m. more particularly bounded and on the described as follows: 13TH DAY OF APRIL 1999 Being all of Lots 243 and 245, at the front door of the Courthouse Section 4 of the Blue Ridge Acres in Jefferson County, West Vir- Subdivision as said lots areginia, the following real estate, bounded and described on a plat more particularly described as fol- made for Blue Ridge Acres, Inc lows: which is annexed to a deed from All that certain real estate Blue Ridge Acres, Inc recordedin situate on the east side of the the Office of the Clerk of the Shenandoah River, in the Kable- County Commission of Jefferson ~ town District, Jefferson County, County, West Virginia in Deed West Virginia and more particu- Book 202 at page 47. larly bounded and described as The above described real estate follows: is reported to have a mailing ad- Being all of Lots 28 and 29, Sec- dress of: tion 2-F, of the Shannondale Sub- Lot 243 & 245 White Oak Lane, division, as the same is designated Harpers Ferry, WV 25425. and described on the plat of the TERMS OF SALE: Cash in subdivision made by Charles M. hand on day of sale or within 14 Johnson, Surveyor, dated October, days of date of sale upon terms to 1956, and recorded in the Office of be agreed upon between Trustee the Clerk of the County Commis- and successful bidder; payment sion of Jefferson County, West Vir- for unpaid real estate taxes to be ginia, in Deed Book 214 at page assumed by the purchaser. 372 Any sale hereunder may be ad- The above described real estate journed from time to time without is reported to have a mailing ad- any notice other than oral procla- dress of: mation at the time and place ap- 622 Huckleberry Lane, Harp- pointed for this sale or by posting ers Ferry, WV 25425. TERMS OF SALE: Cash in of a notice of same. Any sale may be conducted or adjourned by the hand on day of sale or within 14 designated agent or attorney of days of date of sale upon terms to the Trustee. The undersigned is be agreed upon between Trustee fully vested with the authority to and successful bidder; payment sell said property as substituted "- Trustee by instrument to be re- corded. R. VANCE GOLDEN, III, Trnstee 543 Fifth Street, P.O. Box 81 Parkersburg, WV 26102 3/25/2t Telephone (304) 485-3851 NOTICE OF TRUSTEE SALE Pursuant to the authority vested in the undersigned by deed of trust dated the 17th day of April, 1998, signed by Raul G. Trevino and Jeanette E. Trevino, husband and wife, to Stephen R. Kershner, Trustee, which said deed of trust is of record in the Of- flee of the Clerk of the County Commission of Jefferson County, West Virginia, in Trust Deed Book 898, at page 335, and the unde signed, R. Vance Golden, III, Trustee having been requested so to do by the Lender, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning accelera- tion having been complied with by the Lender and present holder of the note, said Trustee will sell at public auction at 4:30 o'clock, p.m. on the 13TH DAY OF APRIL 1999 at the front door of the Courthouse in Jefferson County, West Vir- ginia, the following real estate, more particularly described as fol- lows: All that certain parcel of real property, with the improvements for unpaid real estate taxes to be assumed by the purchaser. Any sale hereunder may be ad- journed from time~ to time without any notice other than oral procla- mation at the time and place ap- pointed for this sale or by posting of a notice of same. 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 substituted Trustee by instrument to be re- corded. R. VANCE GOLDEN, III, Trustee 543 Fifth Street, P.O. Box 81 Parkersburg, WV 26102 3/25/2t Telephone (304) 485-3851 NOTICE OF SUCCESSOR TRUSTEE'S SALE Notice is hereby given that by vir- tue of the authority under that cer- tain deed of trust executed by MAUDIE V. NICHOLS, now deceased to William A. O'Brien, Trustee(s) dated October 24, 1994 and recorded in the office of the Clerk of the County Commission of Jefferson County, West Virginia in Trust Deed Book 791, at page 77, by which was conveyed to said Successor Trustee(s) the hereinaft- er described real estate to secure the payment of a certain promis- sory note set out and described therein, and default having been made in the payment of said note, the undersigned Successor Trustee having been requested in writing by the holder of said note, will sell to the highest and best bidder on April 8, 1999, at 1:00 p.m at the front door of the courthouse of Jefferson County, West Virginia, the real estate conveyed by said deed of trust and situate in the Middleway Magisterial District, Jefferson County, West Virginia and being more particularly bound- ed and described therein as follows: That certain parcel of pro- perty located just off Route No. 9 near the Village of Kearneysville, in the Middleway Magisterial District of Jefferson County, West Vh~ginia, and being all of Lot 1 in Section F, in the Fox Glen Subdivision as said lot is more particularly bounded and described in a plat of said Section of said Subdivision, made by C. R. Atherton, Surveyor, dated March 6, 1973, and recorded in the office of the Clerk of the County Commission of Jefferson County, West Virginia, in Plat Book 2, at page 383. And being the same real estate conveyed to Maudie V. Nichols from Sale Develop- ment Corporation, a West Virginia Corporation, by deed dated April 5, 1974, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 373, at page 332. This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions affecting the afore- said real estate. Pursuant to the terms of said deed of trust, the Successor Trustee(s) may postpone the sale by public announcement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may purchase the property at any sale. TERMS OF SALE: Cash in hand on day of sale. DATED this 19th day of March, 1999. Robert R. Harpold, Jr. 3/25/2t Successor Trustee NOTICE OF CHANGE IN CITY OF CHARLES TOWN ELECTION Notice is hereby given that there will be an election held in the City of Charles Town, West Virginia on Thursday, May 27, 1999 in City Hall at 101 E. Washington Street. An additional council member seat has been vacated by resignation in Ward Ill and shall be placed on said bal- lot for a term of two (2) years unexpired. The filing period for candidate shall end on March 26, 1999. Certificates of announcement may be ob- tained at the office of the City of Charles Town at 101 E. Washington St Charles Town, West Virginia. There is a $5.00 filing fee. Candidates must file to have name printed on ballot with the City Clerk, no later than March 26, 1999 and if mailed, must be postmarked prior to midnight. Write-in candidates must file a certificate of an- nouncement and filing fee fourteen (14) days before the general election in order to have their votes counted. Brenda S. Hamilton 3/18/2t City Clerk NOTICE OF PUBLIC HEARING Please take notice that a public hearing will be held on Tuesday, April 27, 1999, at 7:30 p.m in the Jefferson County meeting room located on the first floor at 108 East Washington Street, in the City of Charles Town, to consider public comments on the following final plats which have been submitted to the Planning Commission for approval: Name of Title of Subdivider Plat Location Size Thomas Estate of West side of Route 230 (Halltown 2 Single Weller for Mary Pike& Old U.S. Route 340) at 0.29 Family the Estate Catherine miles north from its junction with Lots of Mary Weller Route 340/12 (Halltown Road) - Mile Catherine Minor Post 0.67 Weller Subdivision 10.00 Acres/ Lots 2 & 3-Residue 124.39 Acre Residue All persons and governmental units having an interest in said pro- posed subdivisions are invited to attend this meeting. Planning Commis- sion files on subdivisions may be reviewed at any time during normal business hours. By Order of the Jefferson County Planning & Zoning Commission 3/25/lt Scott Coyle, President Continued on Page 19