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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
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: LEGALS I Wednesdoy, MQy 21, 2014 I Spirit of JEFFERSON and FARMER'S ADVOCATE I PAGE B7 NOTICE OF TRUSTEE'S SALE OF VALUABLE IMPROVED REAL ESTATE WILD GOOSE FARM SHEPHERDSTOWN, WEST VIRGINIA The undersigned Substitute Trustee, D. Frank Hill, III, having been appointed by that certain Notice of Appointment of Substi- tute Trustee, dated the 2nd day of October, 2013, and recorded in the office of the Clerk of the County Commission of Jeffer- son County, West Virginia, on October 7, 2013, in Deed Book 1130, page 398, and confirmed in that certain Notice of Appoint- ment of Substitute Trustee, dat- ed the 8th day of October, 2013, and recorded in the office of the Clerk of the County Commis- sion of Jefferson County, West Virginia, on October 15, 2013, in Deed Book 1130, page 567, by virtue .of the authority vested in him by that certain Deed of Trust made by Wild Goose Farm, LLC, et al., dated the 10th day of August, 2007, and recorded in the office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed of Trust Book 1667, page 610, un- der which Deed of Trust and the promissory note secured thereby default having been made, and having been directed to fore- close thereunder by the Ben- eficial Owner, MidAtlantic Farm Credit, ACA, will offer for sale at public auction at the front door of the Jefferson County Court House situate at 100 E. Wash- ington Street, Charles Town, West Virginia, Jefferson County, West Virginia, on Friday, May 30, 2014, at 12:00 o'clock, noon, all those two (2) certain contigu- ous parcels of real estate, to- gether with the improvements thereon and the appurtenances thereunto belonging, situate in Shepherdstown District, Jef- ferson County, West Virginia, known for postal purposes as 2935 Shepherd Grade Road and 2937 Shepherd Grade Road, Shepherdstown, West Virginia, and being more particularly de- scribed as follows: PARCEL 1 Beginning at (201) a point in the centerline of Rt. 5/2, corner to Stockstill [Parcel 2] (Deed Book 426, page 488) and in the line of U.S.A. (Deed Book 708, page 129); thence with U.S.A. S. 13 57' 06" W. a distance of 227.48' to (203) a point in the centerline of Rt. 7, corner to U.S.A.; thence with U.S.A. in part, Moss (Deed Book 802, page 755) in part, Ross (Deed Book 893, page 49) in part, and finally with Grim (Will Book EE, page 478) S. 09 28' 40" E. a distance of 1503.87' to (204) a point in the centerline of Rt. 7, corner in the line of Grim; thence leaving Grim and Rt. 7 and with Limeroc Farm (Deed Book 849, page 515) for eight lines, firstly N. 83 40' 04" W. a distance of 793.43', passing (72) a found 10" wooden fencepost at 22.69', to (67) a found 8" wooden fen- cepost; thence S. 51 34' 32" W. a distance of 815.10' to (206) a set No. 5 capped rebar; thence S. 65 06' 01" E. a distance of 80.85' to (207) a set No. 5 capped rebar in a stonepile, in the bed of Rattle- snake Spring; thence S. 13 59' 27" W. a distance of 676.50' to (59) a found 8" wooden fence- post; thence N. 61 00' 33" W. a distance of 997.08' to (50) a found stone; thence N. 16 56' 14" E. a distance of 884.64' to (46) a found 5" wooden fence- post; thence N. 52 09' 45" W. a distance of 120.16' to (45) a found 4" wooden fencepost; thence N. 68 52' 36" W. a dis- tance of 1403.79' to (208) a set No. 5 capped rebar near a fence intersection corner in the line of Limeroc Farm and to Spencer (Deed Book 417, page 396), said corner being lo- cated S. 68 52' 36" E. a distance of 172.23' from (39) a found stone; thence with Spencer in part and finally with Wilkins (Deed Book 499, page 681) N. 30 21' 15" E. a distance of 1871.61' to (32) a found 5" wooden fence- post; thence with Wilkins for four lines, firstly N. 39 16' 18" E. a distance of 479.04' to (209) a set No. 5 capped rebar; thence N. 77 21' 51" E. a distance of 374.22'to (23) a found 8" wooden fencepost; thence S. 70 52' 27" E. a distance of 463.81' to (13) a found 6" wooden fencepost; thence S. 05 37' 42" W. a dis- tance of 158.73' to (11) a found 8" wooden fencepost, corner to Wilkins and to Wilkins (Deed Book 555, page 133); thence with Wilkins for two lines, firstly S. 21 22' 45" W. a distance of 447.14' to (210) a found 8" wood- en fencepost; thence S. 21 08' 42" W. a distance of 105.21' to (211) a found 8" wooden fence- post; thence with Wilkins (Deed Book 555, page 133) in part and finally with Stockstill (Deed Book 426, page 488) S. 77 19' 59" E. a distance of 1545.10', first pass- ing (4) a found No. 5 capped re- bar (DiMagno) at 830.31' and passing secondly (202) a set No. 5 capped rebar at 1530.10', to (201), the point of beginning containing 163.28 acres, more or less, and shown as WVild Goose Farm" on a Plat Of Resurvey, Project No. 980548.00, entitled "Wild Goose Farm", made by Kirk W. Norton, LPS, Alpha As- sociates, InCorporated, dated June 12, 1998, and recorded in the office of the Clerk of the County Commission of Jeffer- son County, West Virginia, in Plat Book 16, page 5; and being known for postal purposes as 2935 Shepherd Grade Road and 2937 Shepherd Grade Road, Shepherdstown, West Virginia. [Tax" Map 3, parcel 13 and parcel 13.OOO8] PARCEL 2 Containing 10.5197 acres, more or less, shown and described as "Tract A" on a plat entitled "Plat Of Survey For Richard Stock- still", prepared by DiMagno Con- sulting Engineers and Land Sur- veyors, Drawing No. 3387, dated April 8, 1986, and recorded in the office of the Clerk of the County Commission of Jefferson Coun- ty, West Virginia, in Plat Book 7, page 22, to which reference is made for a more particular de- scription. [Tax Map 3, parcel 13.0006] BEING all and the same real estate which was conveyed to Wild Goose Farm, LLC, a West Virginia limited liability company, from William Gaston Caperton, IV and Susan Mosser Caperton and by a Deed dated the 10th day of August, 2007, and record- ed in the aforesaid Clerk's office in Deed Book 1040, page 157. THE SALE AND CONVEY- ANCE SHALL BE MADE FUR- THER SUBJECT TO all re- strictive covenants, conditions, easements, rights-of-way and limitations of record, particularly thQse shown upon the aforesaid plats, and to the lien for all real estate taxes assessed against the property, whether now due or otherwise. THE SALE SHALL ALSO BE MADE SUBJECT TO the rights of any person or persons occu- pying the premises, if any there be, and the Substitute Trustee shall not be under any duty to cause any person or persons who may be occupying said premises to vacate the same. The property will be sold in an "AS IS" condition and the Substi- tute Trustee makes no warranty of any type as to the condition of any improvements located upon the premises, if any there be. TERMS OF SALE The property shall be sold to the highest bidder at the time and place of the sale at which time a non-refundable deposit, in the form of an official bank check, in the amount of Fifty Thousand ($50,000.00) Dollars for each parcel shall be paid with the bal- ance due within thirty (30) days of the date of sale upon tender of the Deed. The Substitute Trust- ee's Deed to any purchaser shall be without any covenant or war- ranty, express or implied. The cost of recording the Deed and the cost of all transfer stamps/ excise taxes shall be paid by the purchaser. The Trustee will offer the property for sale as separate parcels and as a whole in such manner as shall result in the highest aggregate bid for the property. The Substitute Trustee re- serves the right to reject any and all bids and to continue the sale to a later date by announcing such a continuance at the time and place set forth above for this sale without further advertise- ment. Dated this, the 7th day of May, 2014. D. Frank Hill, III Substitute Trustee 136 E. German Street P.O. Box A Shepherdstown, WV 25443 (304) 876-9333 5/14/3t NOTICE OF PUBLIC HEARING PROPOSED INCREASE EMERGENCY 911 LAND LINE FEE The County Commission of Jefferson County will hold a pub- lic hearing on Wednesday, June 11, 2014, in the County Commis- sion Meeting Room located in the Old Charles Town Library, 200 East Washington Street, Charles Town, West Virginia beginning at 7:00 p.m. The purpose of the meeting will be to hear public comment on the proposed increase in the Emer- gency 911 Wireline Fee (land line only) from the current fee of $2.90 monthly to the proposed new monthly fee of $5.00. The public is invited to provide written or oral comment at this hearing. Written comments can be emailed to info@jeffersoncounty- wv.org All comments will be accept- ed until June 18th, 2014 at 5:00 p.m. You may view the Ordinance at www.jeffersoncountywv.org A decision regarding this Or- dinance will be made at the June 19th, 2014 County Commission Regular Meeting. By Order of The County Commission of Jefferson County Walt Pellish, President 5/7/5t SUMMER FOOD PROGRAM BEGINS JULY, 2014 The Jefferson County Board of Education announces the sponsorship of the free summer food service program at Ranson Elementary School. Breakfast and lunch are open to all chil- dren, ages 1 through 18, who would like to participate. There is no charge for meals regardless of income. Breakfast (8:30 a.m. - 9:30 a.m.) and lunch (11:30 a.m. - 12:30 p.m.) will be served at Ranson Elementary, beginning July 8th and ending July 31st. The program will only be open Monday, Tuesday, Wednesday and Thursday. For further information, call the Jefferson County Schools Office of Child Nutrition Depart- ment at 304-728-9230, 304-728- 9276 or 304-728-9201. The U.S. Department of Ag- riculture prohibits discrimination against its customers, employ- ees, and applicants for employ- ment on the basis of race, color, national origin, age, disability, sex, gender identity, religion, re- prisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an in- dividual's income is derived from any public assistance program, or protected genetic information in any program or activity conduct- ed or funded by the USDA. If you wish to file a Civil Rights program complaint of discrimination, com- plete the USDA Program Discrim- ination Complaint Form, found online at http://www.ascr.usda. gov/complaint filing cust.html, or call (866) 632-9992 to request a form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or let- ter by mail to the USDA, Director, Office of Adjudication, 1400 Inde- pendence Avenue, SW, Washing- ton, DC 20250-9410, by fax (202) 690-7442 or email at program.in- take@usda.gov. Individuals who are deaf, hard of hearing or have speck disabilities may contact USDA through the Federal Re- lay Service at (800) 877-8339 or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer. 5/14/2t FIDUCIARY NOTICE I have in my hands for settle- ment the Final Accounting by Robert Garza, Executor, for the Estate of Angela M. O'Hara. S. Andrew Arnold, Esq. Fiduciary Commissioner Jefferson County 5/14/2t LEGAL ADVERTISEMENT NOTICE OF SHERIFF'S SALE OF PERSONAL PROPERTY The Sheriff of Jefferson County, West Virginia, gives no- tice that he will sell the following personal property levied upon in civil action case number #98- D-274 Deborah K. Sirbaugh V Perry L. Sirbaugh in the Circuit Court of Jefferson County, West Virginia, being a Marlin 22cal rifle S/N 97619783 w/2 mags. & case (sold to qualified person), a 2006 Sea Doe Jet Ski w/Tri- ton Trailer #YDV38089D606, a 1997 Chevy 2500 P/U VIN#1GCGK24R3VE165838, a 2002 Ford Explorer VIN# 1FM ZU72EX2UC10044 the property of Perry L. Sirbaugh defendant therein. The sale is to be held at the Jefferson County Sheriff's Office, located at 102 Industrial BIvd, Kearneysville, WV 25430 (back parking lot), Jefferson County, West Virginia on Satur- day, the 31st day of May 2014 at 9:30 a.m. (gates open at 8:30 a.m.) or as soon thereafter as may be convenient or possible. The vehicles and gun will be sold as is. All sales final. Preferred payment is in the form of cash (exact change) or certified funds. Personal checks accepted by Sheriff's approval only. All vehicles must be paid for and removed from the property by close of business Monday, June 2, 2014 Peter H. Dougherty Sheriff of Jefferson County West Virginia 5/21/2t JEFFERSON COUNTY PLANNING COMMISSION PUBLIC HEARING NOTICE The Jefferson County Plan- ning Commission has scheduled a Public Hearing on Tuesday, June 10, 2014 at 7:00 PM for a Zoning Map Amendment (Rezon- ing) request by property owners Hey Shingleton, Trustee (Pearl Perkins, Beneficiary) and Eric and Stacy Lindberg. The proper- ties are located at 4115 Charles Town Rd and 16 Hospice Ln in Kearneysville along the Berkeley/ Jefferson County Line. The prop- erties are designated as Tax Dis- trict: Middleway (07); Tax Map: 1 ; Parcels: 1.2 (16.67 ac.) & 1.1 (7 ac.). The properties are currently zoned Rural and a request has been made by the property own- ers to change to the Residential- Light Industrial-Commercial zon- ing category. You may provide oral or writ- ten comments at the hearing, Tuesday, June 10, 2014 at 7:00 PM, in the Charles Town Library meeting room at 200 East Washington Street, at the side entrance on Samuel Street. In addition, you may provide writ- ten comments to planningdepart- ment@jeffersoncountywv.org, or mail to PO Box 338, Charles Town, WV 25414, or fax {o (304) 728-8126. By Order of the Jefferson County Planning Commission Steve Stolipher, President 5/21/lt NOTICE OF PUBLIC HEARING The Historic Landmarks Com- mission of the City of Charles Town will hold public hearings on the following applications as required in Article 141, Historic Landmarks Commission, of the City of Charles Town Codified Ordinances. The meeting will be held on Monday, June 9, 2014 at 7:00 p.m. in the Council Cham- bers, City Hall, 101 E. Washing- ton Street, Charles Town, West Virginia. HLCS 2014-05 A request by Jala Yoga and Mellow Moods for a certificate of appropriate- ness to permit one hanging sign on behalf of the business, Jala Yoga and Mellow Moods located at 307 West Washington Street. This meeting is open to the public. Additional information regarding the proposed sign is available at City Hall. 5/21/1 t NOTICE OF ADMINISTRATION (FC) Jefferson County Clerk's Probate Office P. O. Box 208 100 E. Washington Street Charles Town, WV 25414 'Estate Beulah V. Fritts, deceased Personal Representative: Stephen G. Lawson, Executor 533 S. Church Street Charles Town, WV 25414 Fiduciary Commissioner: D. Frank Hill, III P.O. Box A Shepherdstown, WV 25443 Estate Mary Lowe Watson, deceased Personal Representative: Dennis L. Barren, Executor 1329 Shepherd Grade Road Shepherdstown, WV 25443 Fiduciary Commissioner: June K. Jovanelly 923 S. Samuel Street Charles Town, WV 25414 Date of first publication 05/21/2014 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 above referenced estate who ob- jects to the qualifications of the Personal Representative or the venue or jurisdiction of the Court, shall file notice of an objection 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 Repre- sentative, whichever is later. If an objection is not timely filed, the objection is forever barred. 5/21/2t NOTICE OF PUBLIC HEARING The West Virginia Depart- ment of Environmental Protec- tion has scheduled a public hear- ing on June 19, 2014, at 1:30 p.m. to discuss the Draft Fiscal Year 2015 Intended Use Plan for the Clean Water State Revolv- ing Fund Program (CWSRF). A part of the Intended Use Plan is the Fiscal Year 2015 Priority List. The Hearing will take place at the DEP headquarters in Charleston in the New River Conference Room (Room #2129). A copy of the draft Fiscal Year 2015 In- tended Use Plan is available, and may be requested by call: ing, writing or sending an email request to the address below. The plan can also be viewed on DEP's web site. Contact: Katheryn Emery, WV Department of Environmental Protection, Division of Water & Waste Management, Clean Wa- ter State Revolving Fund, 601 57th Street, SE, Charleston, WV 25304, (304) 926-0499 Ext. 1596, Katheryn.D.Emery@wv.gov 5/21/2t NOTICE OF PUBLIC HEARING COUNTY COMMISSION OF JEFFERSON COUNTY The County Commission of Jefferson County will hold a pub- lic hearing on Thursday, May 29, 2014 at 7:00 p.m. in the County Commission meeting room Io- cated at the Old Charles Town Library, 200 East Washington Street, Chades Town, WV 25414. At this meeting, there will be public input on the Jefferson County Emergency Services Or- dinance. Anyone wishing to provide writ- ten or oral comment may do so at this meeting or send comments to info@jeffersencountywv.org You can view the Ordinance at: www.jeffersoncountywv.org No decisions will be made at this meeting. By Order of the County Com- mission of Jefferson County Walt Pellish, President 5/21/2t IN THE FAMILY COURT OF JEFFERSON COUNTY, WEST VIRGINIA IN THE FAMILY COURT OF JEFFERSON COUNTY, WEST VIRGINIA TO: BRALYNN FRYE BY: GARY FRYE Magistrate Court Case No.: 14-D-101 Family Court Civil Action No.: 14-DV-71 ORDER OF PUBLICATION 1. The object of this suit is to obtain NOTICE OF CONTINU- ANCE 2. The object of this Publi- cation by Class 1 legal adver- tisement is to notify the above- named individual of the action pending before the Court speci- fied below: THE EMERGENCY PRO- TECTIVE ORDER ISSUED PREVIOUSLY ON THE 5TH DAY OF MAY, 2014, IS CONTIN- UED IN FULL FORCE AND EF- FECT UNTILTHE HEARING ON THE PETITION IS HELD AND AN ORDER ISSUED BY THE FAMILY COURT. TO THE ABOVE-NAMED RE- SPONDENT: if appearing by evidence duly taken in this action that you could not be found in or that you have left the State of West Virginia, you are hereby notified of the above-referenced action, a copy of which may be obtained at the Jefferson County, Circuit Clerk's office. A Final Hearing is scheduled for the 17th day of June, 2014, at 8:30 A.M., before the Jefferson County Family Court. Issued this 19th day of May, 2014 at 2:40 P.M. Laura Eo Storm, Circuit Clerk By: Nicole Nobrega Deputy Clerk 5/21/lt LEGAL ADVERTISEMENT Eastern West Virginia Community Action Agency, Inc. (EWVCAA) is accepting Request for Quotation's for Weatherization Assistance Program for the following services: HVAC, Electrical, Plumbing, Chimney Repair, and the following materials: Cellulose, Blown FI- berglass, Mobile Home Windows & Doors, Vinyl Replacement Windows & Mobile Home Furnaces. Contact Bobbi Tlppetta at 304-538-7711 to request an application and the RFQ General Instructions. EWVCAA encourages M/WBE & Labor Surplus area firms to apply. All Applications & quotations must be received by EWVCAA by Friday, 2 P.M. June 13, 2014. Late RFQs Will Not be considered. 5114/4t STATE OF WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S, PUBLIC INFORMATION OFFICE, 601 57TH STREET SE, CHARLESTON, WEST VIRGINIA 25304-2345 TELEPHONE: (304) 926-0440, TDD:(304) 926-0493, and VOICE-TO-TDD RELAY: 1-800-422-5700. APPLICATION FOR A CLASS 5 UNDERGROUND INJECTION CONTROL PERMIT Public Notice No.: MF-21-14 Public Notice Date: May 21, 2014 Paper: The Spirit of Jefferson Advocate The following has applied for a Class 5 Underground Injection Control Permit for this facility or activity: Application No.: 0367-01-037 Applicant: JEFFERSON CNTY BD OF ED 110 MORDINGTON AVE CHARLES TOWN, WV 25414 Facility: 3 Schools: C.W. Shipley, North Jefferson Elem. School and South Jefferson Elem. Schools, Jef- ferson County, WV Latitude 39:15:16 Longitude 77:55:50 Business conducted: 3 Schools: C.W. Shipley, North Jefferson Elem. School and South Jefferson Elem. Schools, Jefferson County, WV Activity: Reissue permit to discharge solely sanitary waste, as defined in 47CSR13, Section 2.54, to existing sub- surface distribution systems at 3 schools in Jefferson County. The State of West Virginia will act on the above application in accordance with the West Virginia Legisla- tive Rules, Htle 47, Series 13, Section 13.24 issued pursuant to Chapter 22, Article 11 and Article 12. Any interested person may submit written comments on the draft permit and may request a public hear- ing in writing within thirty (30) days of the date of this public notice. Comments or requests should be addressed to: Director, Division of Water and Waste Management, DEP 601 57th Street SE Charleston, WV 25304-2345 AI-rN: Permitting The public comment period begins M and ends . Comments received within this period will be considered prior to issuance of the permit. Correspondence should include the name, address, and telephone number of the writer and a concise statement of the nature of the issues raised. A public hearing may be held if the Director determines there is significant public interest in one or more issuesrelevant to the draft permit. The application, draft permit or factsheet may be inspected by appointment at the Division of Water and Waste Management, between 8:30 a.m. to 4:30 p.m. on business days. Copies of the document may be obtained for a nominal fee. For further information contact the person identified above at (304) 926-0495, or Fax (304) 926-0496. 5/21/lt !