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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
April 14, 2005     Spirit of Jefferson Farmers Advocate
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April 14, 2005

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I PUBLICATION IRCUIT COURT OF COUNTY, WEST VIRGINIA of Wentz ntz ondent No. 05-D-79 object of this suit is to a divorce Named Respon- i. Wentz by affidavit action that Thom- entz is a non-resident State of West Virginia, ordered that he Cynthia A, Gaith- l~etitioner s Attor- address is P.O. Box g, West Vir- 402, an Answer, includ- related counterclaim you may have to the filed in this action on May 9, 2005. If you so, thereafter, judg- proper hearing and taken against you relief demanded in the at of said Petition can be from the undersigned his/her office. by the Clerk of said 2005. Patricia A. Noland Clerk of Court V. Paxton OF FILING OF : ACCOUNTS OR OF FINAL ave before me the ac- Waiver of final set- of the Executor(s) or of the Estates deceased per- Sr. having a claim estate of any such or who has interest there- appear before me or Commission at any thirty days after of this notice, con~missioner or object of the account- absence of such re- the account- may be approved . 7th day of April, Jennifer S. Maghan Clerk of the COunty Commmslon of Jefferson County, WV SALE OF REAL ESTATE by authority vested ' that certain Deed of July 15, 1993, and in the Office of of the County Corn- Jefferson County, in Deed of Trust Page 301, Law- and Virginia D. convey unto Rich- Trustee, certain described in said and default hay- under the afore- Deed of Trust, and Trustee hav- by the He- to foreclose there- Offer for sale at pub- at the front door of County Court- Town, West Tuesday, May 3, a.m the follow- estate, with easements thereun- situate in the District, Jeffer- " " and described as lots or par- ~ estate situate on of the Shenando- the Harpers Fer- '.Jefferson County, and being more and de- tall of Lots 52 10 as the same and described said Section 10, Is attached to a deed the of the County Commis- County, West Book 262, at t WITH all appurtenances all of Lots and 61 in Section are bound- in a plat of I0, which plat is deed recorded in Clerk of the Jeffer- in TO: easements and appurtenances thereunto belonging. At the time of the execution of the deed of trust, this prop- erty was reported to having a mailing address of Box 134, Sycamore Road, Harpers Ferry, WV 25425 AND BEING the same real estate which was conveyed to Lawrence T. Holder and Vir- ginia D. Holder by deed dat- ed July 12, 1993, from Ray G. Thall, unmarried, and recorded in the Office of the Clerk of the County Commission of Jeffer- son County, West Virginia, in Deed Book 749 at page 299. The above described property will be sold subject to any cove- nants, restrictions, easements, leases and conditions of record, and subject to any unpaid real estate taxes. 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 prop- erty to vacate said property. .TERMS: Tey percent (10%) of the purchase price as a cash deposit with the balance due and payable within 30 days of the day of sale. Richard A. Pill Trustee P.O. Box 440 85 Aikens Center Martinsburg, WV 25401 4/14/3t (304} 263-4971 SPIRIT OF JEFFERSON Farmer's ADVOCATE - Thursday, April 14, 2005 NOTICE OF PUBLIC HEARING Please take notice that a public hearing will be held on Thurs- day, May 19, 2005 at 3:00 p.m in the Charles Town Library meet- ing room located at 200 East Washington Street at the side en- trance on Samuel Street in the City of Charles Town, to consider public comments on the following variances: Owner/ Tax Map Variance Developer Location Reference Request The Ken- Intersection of neth F. Route 480 & Lowe, Jr. Lowe Drive & Revocable Cherry Lane Trust Potomac Profession- al Services LLC Route '230 (Shepherds- town Pike & Route 31 (En- gle Molers Road) Potomac Profession- al Services LLC Route 230 (Shepherds- town Pike & Route 31 (En- gle Molers Road) Shepherdstown Minimum Lot District Size Require- Map 8 ments from Parcel 23 40,000 Square Feet to 12,410 Square Feet & 14,136 Square Feet 38,395 Square Feet Harpers Ferry Front Set-" District back Variance Map llA From 40' to Parcel 99 35' for an Ex- isting Dwell- ing 261.0953 Acres Richard B. Crim 3124 Leetown Road Harpers Ferry District Map 11 A Parcel 99 Front Set- back Variance From 40' to 24' for an Ex- isting Barn 261.0952 Acres Mark Al- exander Smith Homes, Inc. 352 Elk Run Estates Drive 121 Laurel Hill Road Lot 47 Kabletown District Map 15 Parcel 2 Rear Set- back Variance From 50' to .12' for an Ex- ist'rag Barn 2.36 Acres TRUSTEE'S SALE OF VALUABLE REAL ESTATE Mark A1- 352 Elk Run The undersigned Substitute exander Estates Drive Trustee, by virtue of the au- Smith 121 Laurel thority vested in him by that Homes, Hill Road Lot certain D~ed of Trust dated the Inc. 47 18th day of April, 1997, and duly recorded in the Office of the Clerk of the County Commis- Diana Lynn 2598 Kable- sion of Jefferson County, West Gray town Road Virginia, in Trust Deed Book (Route 25) 860 at page 341, and assigned to Nationsbanc Mortgage Cor- poration, n/k/a Bank of Amer- ica', N.A by Assignment dat- ed November 25, 1997, and re- corded in the aforesaid Clerk's office in Assignment Book 153 at page 417, Robert G. Seward Richmond Sawgrass and Cathy L. Seward, husband American Drive and wife, did convey unto Jo- Inc. Lot 406 Lo- seph C. Hereford, Phillip B. cust Hill Sub- Hereford and David L. Watson, division Trustees, certain real prop- erty described in said Deed of Trust; and the beneficiary has elected to appoint Gregory A. Tucker, P.L.L.C as Substitute Trustee by a Substitution of Trustee dated March 3, 2005, and recorded in the aforesaid Clerk's office intrust Deed Book 1005 at page 281; and default having been made un- der the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured par- ty to foreclose thereunder, will 4/14/2t offer for sale at public auction at the front door of the Jef- for real estate taxes, incinera- ferson County Courthouse in tor, sanitary and sewer charg- Charles Town, West Virginia, es. The purchasers at the sale on April 26, 2005 at 1:10 p.m. shall be responsible for paying the following described real es- the recording costs and also the tate, with its improvements, tax on the privilege of transfer- easements, and appurtenances ring real property (the cost of thereunto belonging, situate in the tax stamp to be affixed to Charles Town District, Jeffer- the deed). son County, West Virginia, and The subject property Will be more particularly described as sold in "AS IS" condition. The follows: Substitute Trustee shall be un- All that certain lot or parcel of der no duty to" cause any exist- real estate, With improvements ing tenant or person occupying thereon and appurtenances the subject property to vacate thereunto belonging, situate said property. in the Charles Town Magisteri- TERMS: Ten percent (10%) al District of Jefferson County, of the purchase price as a cash West Virginia, to the northeast deposit with the balance due and approximately one (1) mile and payable within 30 days of from Charles Town and on the the day of sale. south side of Flowing Springs FEDERAL TAX LIEN: In the Road (State Route 17/1), and event that there are Federal more particularly being de- Tax Liens against the property, scribed as Lot No. 13 in Section the United States would have B of Walnut Grove Subdivision, the right to redeem the proper- as the same is bounded and de- ty within a period of 120 days scribed in accordance with a from the date of such sale or the plat of Walnut Grove Subdivi- period allowable for redemp- sion made by Charles R. Ather- tion under local law, whichever ton, C.E dated January 18, is longer. 1974, and recorded in the of- Pursuant to the Deed of rice of the Clerk of the County Trust, the Trustee may post- Commission of Jefferson Coun- pone the sale by public an- ty, West Virginia, in Plat Book nouncement at the time and 3, at Page 32. place designated or by posting At the time of the execution a notice of the same, and act by of the Deed of Trust, this prop- agent in the execution of the erty was reported to have a sale. The parties secured by mailing address of 106 Marie the Deed of Trust reserve the Drive, Charles Town, West Vir- right to purchase the property ginia 25414. at such sale. AND BEING the same real Dated the 1st day of April, estate which was conveyed to 2005. Robert G. Seward and Cath- GregoryA. Tucker, P.L.L.C. erine L. Seward, husband and Substitute Trustee wife, by Charles A. Kidwiler, 4/7/2t widower, by Deed dated April 8, 1997, and recorded in the of- fice of the Clerk of the County Commission of Jefferson Coun- ty, West Virginia, in Deed Book 860 at page 338 The referenced real estate will be conveyed with no cov- enants of warranty, and sub- ject to all covenants, restric- tions, easements, rights of way and reservations which may be a matter of record in the afore- said Clerk's office or visible upon the ground, all prior liens and encumbrances, includ- ing without limitation, liens Kabletown District Map 6F Parcels 79 & 80 Front Set- back Variance 20' to 15' for an Existing Dwelling 0.50 Acres Kabletown District Map 6F Parcel 79 Side Setback Variance 8' to 7' for an Ex- isting Dwell- ing 0.50 Acres Kabletown , District Map 21 Parcels 5.2 Cottage In- dustry Stan- dards to Allow Greater than 1,000 Square Foot Accessor- ry Structure for Dodson's Septic Service 2.94 Acres Charles Town District Map 13A Parcel 78 Rear Set- back Variance From 20' to 18.5 Feet for an Existing Dwelling 0.317Acres All persons and governmental units having an interest in said variances are invited to attend this meeting. Planning Commis- sion files on projects may be reviewed at any time during normal business hours. All of sites will be posted with a green and white sign. For further information please contact the Department of Planning, Zoning & Engineering Office at 104 East Washington Street in Charles Town, West "~r~ginia, or you may call the office at (304) 728-3228. Any party desiring a transcript of these proceedings will be re-. sponsible for providing a competent stenographer at their own ex- pense. IN THE CIRCUIT COURT OF JEFFERSON COUNTY, WEST VIRGINIA In Re: Trisha Lynn Mullins An Alleged Protected Person Case No. 05-G-1 ORDER OF PUBLICATION To: Jason Sanchez Jared Sanchez Monica Sanchez It appearing byAffidavit filed in this action that the above in- dividuals are non-residents of the State of West V-trginia, they are hereby notified as follows: 17 2005-2006 FISCAL YEAR LEVY ESTIMATE-BUDGET DOCUMENT State of West Virginia: Municipality of Bolivar In accordance with Code 11-8-14, as amended, the Council pro- ceded to make an estimate of the amounts necessary to be raised by levy of taxes for the current fiscal year, and does determine and estimate the several amounts to be as follows: The amount due and the amnounts that will become due and collectible from every source during the fiscal year including the levy of taxes, is as follows: General Fund Revenue Summary Property Tax-Current Year Expense 67,930 Gas & Oil Severance Tax 900 Excise Tax on Utilities 200 Business & Occupation Tax 13,000 Animal Control Tax 350 Fines, Fees & Court Costs 20,000 Licenses 1,000 Building Permit Fees 5,000 Franchise Fees 7,500 Inspection Fees 150 IRP Fees (Interstate Reg. Plan) 1,500 Rents & Concessions 10,000 State Government Grants 30,000 Video Lottery 280.000 Total General Fund Revenues 437,530 General Expenditures State Grants 30,000 Mayor's Office 2,261 City Council 9,689 Recorder's Office 3,633 Treasurer's Office 15,600 City Clerk's Office 24,000 City Attorney 50,000 Planning & Zoning 15,000 City Hall 90,000 Police Department 98,044 Fire Department 20,000 Streets & Highways 24,803 Street Lights 10,000 Signs & Signals 2,000 Snow Removal 11,000 Sidewalks 16,000 Other Health Programs 1,000 Parks & Recreation 7,000 Fair Associations/Festival 1,000 Library 6.500 Grand Total All Expenditures 437,530 Coal Severance Tax Fund Revenues Coal Severance Tax 1.500 Total Coal Fund Revenues 1,500 Coal Severance Tax Fund Expenditures Library 1.500 Total Coal Fund Expenditures 1,500 Fiscal Year 2005-2006 Regular Current Expense Levy Entity: Corporation of Bolivar Column E Certificate of Valuation Assessed Value Levy Rate/ for Tax Purposes $100 Class I Personal Property Public Utility Total Class I Class II Real Estate Personal Property Total Class II Class IV Real Estate Personal Property Public Utility Total Class IV Total Value & Taxes Levied $ 6 79 $ $ $ $ 13.58 $32,456 $23,899,800 $. $23,899,800 $32,456 Projected Revenue $39,085,865 $73,701 Less Delinquencies, Exonerations & Unconectabl~ Taxes: 5% 3,685 Less Tax Discounts: 2% 1,400 Less Allowance for Tax Increment Financing By Order of the Jefferson County Total Projected Property Tax Collection 68,616 Board of Zoning Appeals Less Assessor Valuation Fund: 1% 686 Tiffany Hine, President Net Amount to be Raised by Levy of Property Taxes $67,930 That a hearing shall be hadSTATE OF WEST VIRGINIA, County of Jefferson, Municipality before Hon. Tracy Weese, Men- of Bohvar, to-wit: tal Hygiene Commissioner ofI P. Jean Reed, Recording Officer of said municipality, do hereby Jefferson County, West Virgin- certify that the foregoing are true copies from the record of the or- ia, on the matters contained in ders made and entered by the council of the said municipality on the Petition filed in the above- the 15th day of March, 2005. styled matter, onApri125, 2005, 4/14/2t P. Jean Reed~ Town Recorder at 3:00 o'clock p.m at the Jef- ferson County Courthouse, cor- ner of George and Washington Town of Ranson, Jefferson Coun- IN THE CIRCUIT COURT Streets, Charles Town, Westty, West V"trginia, as said lots are OF JEFFERSON COUNTY, Virginia. described on a plat of the Charles WEST VIRGINIA A copy of said Petition mayTown Mining, Manufacturing Aubrey E. Henry be obtained in the office of the and Improvement Company, re- Petitioner Clerk of the Circuit Court of corded in the Office of the Clerk vs. Jefferson County, West Virgin- Of the County Commission of said Jefferson County ia, in Charles Town, West Vir- County in Deed Book X at page Planning and Zoning ginia. 1, to which plat reference is made Commission, and Patricia A. Noland, for a more particular description Jefferson County Board Clerk of the Circuit Court of said real estate, of ZoningAppeals 4/14/2t By D. Navel This sale is made subject to Respondent any special assessments, unpaid CivilAction No. 05-C-100 NOTICE OF TRUSTEE'S taxes, easements, conditions, res- NOTICE OF FILING OF PE- SALE ervations, and restrictions affect- TITION FOR WRIT OF CER- Notice is hereby given thating the aforesaid real estate. TIORARI by virtue of the authority un- The property will be conveyed Pursuant to W. Va. Code SA- der that certain deed of trust ex- in an "AS IS" condition by Deed 9-a et seq please take note that ecuted by Charles L. McDaniel containing no warranty, express Aubrey E. Henry has filed a Peti- and Carolyn M. McDaniel, hns- or implied, subject to all proper- tion for Writ of Certiorari of the band and wife and Gerald Allan ty taxes, prior Deeds, liens, res- Decision with Findings of Fact McDaniel, single man to Karl W. ervations, encumbrances, restric- and Conclusions of Law of the Voss, Trustee(s) dated August 25, tions, rights of ways, easements, Jefferson County Planning Com- 1995, and recorded in the otfme covenants, conveyances and con- mission, which Decision was en- of the Clerk of the County Corn- ditions of record in the Clerk's of- tered on March 2, 2005, and for mission of Jefferson County, West rice or affecting the subject prop- review of a decision of the Board Y'n-ginia, in Trust Deed book 812, erty. of Zoning Appeals rendered at its at page 651, by which was con- Pursuant to the terms of said meeting of March 17, 2005. veyed to said Trustee(s) the here- deed of trust, the Trustee(s) may The premises at issue in said inafter described real estate to postpone the sale by public an- Petition for Writ of Certiorari is secure the payment of a certain nouncement at the time and place that certain pardel of real proper. promissory note set out and de- designated for the sale. The West ty situate in the Shepherdstown scribed therein, and default hav- V'n'ginia Housing Development Tax District of Jefferson County, ing been made in the payment of Fund or its designee may pur- West Vh-ginia, commonly known said note, the undersigned Sub- chase the property at any sale. as "rown Run Commons," and stitute Trustee(s) having been The Substitute Trustees shall more@articularly described as appointed Substitute Trustee by be under nodutyto cause anyex- Approximately 13.69 acres lo- an Appointment of Substitute isting tenant or person occupying cated on the east side of Route Trustee dated July 28, 2004, and the property to vacate said prop- 480 (Kearneysville (Route 9 to having been requested in writ- erty, and any personal property MD Bridge)) approximately 0 25 ing by the holder of said note, will and/or belongings remaining at miles south of its intersection sell to the highest and best bidder the property aft~r the foreclesure with Route 16/5 (Fairground on May 3, 2005 at 11:00 a.m at sale will be deemed to consti- Morgan Grove Road) and 1 mile the front dcor ofthe courthouse of" tuteABANDONED PROPERTY south-west of the Corporate Lim- Jefferson County, West Virginia, AND WILL BE DISPOSED OF its of Shepherdstown the real estate conveyed by said ACCORDINGLY. Said real property is owned by deed of trust and situate in the TERMS OF SALE: Cash in Aubrey E. Henry. Town of Ranson, Jefferson Coun- hand on day of sale. Aubrey E. Henry, ty, West Y'n~inia, having a prop- DATED this 8th day of AprilThe Petitioner, erty address of'. 204 North Fair- 2005. By counsel. fax Boulevard, Ranson, West Y'tr- Richard A. Pill Linda M. Gutsell (WVSB ginia and being more particularly Substitute Trustee #5774) bounded and described therein as Lew G. Tyree 700 E. Washington St. follows: Substitute Trustee Charles Town, WV 25414 Lots 5 and 6 in Block 115 in the 4/14/2t 4/7/3t $11,586,100 27.16 $31,468 3,081,900 8,370 518.065 1.407 $15,186,065 $41,245