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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
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B8 Wednesday, July 24, 2013 Legals pirit of JEFFERSON and FARMER'S ADVOCATE" NOTICE OF TRUSTEE'S SALE Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Donna L. Ammann, to Richard A. Pill, Trustee(s) dated Novem- ber 21, 2003, and recorded in the office of the Clerk of the County Commission of Jefferson County, West Virginia, in Trust Deed Book 1259, at page 400, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and de- scribed therein, and default hav- ing been made in the payment of said note, the undersigned Sub- stitute Trustee(s) having been requested in writing by the holder of said note, will sell to the high- est and best bidder on August 7, 2013 at 3:00 p.m., at the front door of the courthouse of Jeffer- son County, West Virginia, the real estate conveyed by said deed of trust and situate in Charles Town District, Jefferson County, West Virginia, having a property address of: 109 Newington St., Charles Town, West Virginia and being more particularly bounded and described therein as follows: All that certain parcel of real es- tate, with improvements thereon, situate in the Charles Town District, Jefferson County, West Virginia, and more particularly bounded and described as follows: Being all of Lot 294, of the Tuscawilla Hills Subdivision, as the same is designated and described on a survey and plat thereof, entitled "Final Plat Amended, Lots 293-304, Tus- cawUla Hills", dated January 15, 1985, which plat is recorded in the Office of the Clerk of the County Commission of Jeffer- son County, West Virginia, in Plat Book 7, at Page 6. And being the same real estate conveyed to Donna L. Ammann fromMay s. Collins by deed dated November 14, 2003 and recorded in the aforesaid Clerk's Office in Deed Book 982, at page 476. This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions af- fecting the aforesaid real estate. The property will be conveyed in an "AS IS" condition by Deed containing no warranty, express or implied, subject to all property taxes, prior Deeds, liens, reserva- tions, encumbrances, restrictions, rights of ways, easements, cov- enants, conveyances and condi- tions of record in the Clerk's office or affecting the subject property. Pursuant to the terms of said deed of trust, the Trustee(s) may postpone the sale by public an- nouncement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may pur- chase the property at any sale. The Substitute Trustees shall be under no duty to cause any ex- isting tenant or person occupying the property to vacate said prop- erty, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF AC- CORDINGLY. TERMS OF SALE: Cash in hand on day of sale. DATED this 10th day of July, 2013. Richard A. Pill Trustee 7/24/2t NOTICE OF TRUSTEE'S SALE Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Joseph L. Longmire, a single man, to Richard A. Pill, Trustee(s) dated October 15, 2010, and re- corded in the office of the Clerk of the County Commission of Jef- ferson County, West Virginia, in Trust Deed Book 1821, at page 367, by which was conveyed to said Trustee(s) the hereinafter 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 Trustee(s) hav- ing been requested in writing by the holder of said note, will sell to the highest and best bidder on August 7, 2013 at 3:03 p.m., at the front door of the courthouse of Jefferson County, West Vir- ginia, the real estate conveyed by said deed of trust and situ- ate in Shepherdstown District, Jefferson County, West Virginia, together with easements, im- provements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was 178 Seventh Street, Shenandoah Junction, West Vir- ginia 25442 and being more par- ticularly bounded and described therein as follows: All that certain lot or parcel of real estate together with the im- provements thereon and appur- tenances thereto belonging, situ- ate in Shepherdstown District," Jefferson County, West Virginia, and more particularly described as follows: Being all of Lot No. 19, Sec- tion 2 of the Shasta East Subdivi- sion, as said lot is more particu- larly bounded and described on a plat of the same made by Fred W. Gates, L.S., dated July 6, 1988, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Plat Book 7, at Page 100, as the same is amended by a plat dated August 17, 1989, and recorded in the aforesaid Clerk's Office in Plat Book 8, at Page 43. AND BEING the same parcel of real estate conveyed to Joseph Lee Longmite, by deed dated Oc- tober 15, 2010, from Lawrence Vickers, IV, and Samanatha Vick- ers, and recorded in the office of the Clerk of the County Commis- sion of Jefferson County, West Virginia. This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions af- fecting the aforesaid real estate. The property will be conveyed in an "AS IS" condition by Deed containing no warranty, express or implied, subject to all property taxes, prior Deeds, liens, reser- vations, encumbrances, restric- tions, rights of ways, easements, covenants, conveyances and conditions of record in the Clerk's office or affecting the subject property. Pursuant to the terms of said deed of trust, the Trustee(s) may postpone the sale by public an- nouncement at the time and place designated for the sale. The West Virginia Housing De- velopment Fund or its designee may purchase the property at any sale. The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belong- ings remaining at the property after the foreclosure sale will be deemed to constitute ABAN- DONED PROPERTY AND WILL BE DISPOSED OF ACCORD- INGLY. TERMS OF SALE: Cash in hand on day of sale. DATED this 10th day of July, 2013. Richard A. Pill Trustee 304-263-4971 pillforeclosures@earthlink.net 7/24/2t TRUSTEES" SALE OF VALUABLE REAL ESTATE The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated May 24, 2006, and duly recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virgin- ia, in Deed of Trust Book 1554, at page 338, Francisca V. San- tander did convey unto Samuel I. White, P.C., Trustee, certain real property described in said deed of trust; and the beneficiary has elected to appoint Teays Val- ley Trustees, LLC as substitute Trustees by a Substitution of Trustee recorded in the aforesaid Clerk's Office; and default having been made under the aforemen- tioned deed of trust and the un- dersigned 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, 100 East Washing- ton Street, Charles Town, West Virginia 25414 on: August 26, 2013 At 11:00 AM All that certain lot or parcels of real estate, with improvements thereon and appurtenances there- unto belong, situate in the Kable- town District, Jefferson County, West Virginia, and being more particularly described as follows: Being all of Lot No. 96, Spruce Hill as designated and described on a plat entitled, "Final Plat, Sec- tion Two (Lots 38-98 & Residue) Spruce Hills", made by Associ- ated Engineering Sciences, Inc., dated October 1, 2002 and re- corded in the Office of the Clerk of the County Commission of Jef- ferson County, West Virginia. AND BEING the same prop- erty conveyed to Francisca V. Santander by Deed dated Sep- tember 7, 2005, from Miguel E. Santander and recorded in the Clerk's Office of the Court of Jef- ferson County, West Virginia in Deed Book 1020, at Page 258. 70 Stoneway Court, Charles Town, WV 25414 The aforesaid property is SUBJECT TO any and all ease- ments, rights-of-way, conditions, covenants and restrictions of re- cord or in existence. The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, con- ditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as re- corded against said property, and to any further matters announced at said sale. The property is sold subject te an accurate survey at purchaser's expense. The sale of the foregoing real property will also be made ex- pressly subject to any and all other deeds of trust, judgments, liens, and all other encumbranc- es of any nature whatsoever, if any, having priority over the deed of trust referred to herein. The Trustees reserve the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement at the time and place of sale describe above or any adjournment there- of. The Trustees reserve the right to reject any and all bids. The subject property will be sold in "AS IS" condition. The Trustees shall be under no duty to cause any existing tenant or person oc- cupying the subject property to vacate said property. The Trustees will deliver a trustees" deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or mar- ketable title to purchaser for any reason, purchaser's sole remedy is return of deposit. TERMS OF SALE: $53,500.00 cash in hand at the time of sale in the form of a certified check or cashier's check made payable to "Teays Valley Trustees, LLC," and the balance in cash closing within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Ad- ditional terms of sale may be an- nounced prior to the sale. Teays Valley Trustees, LLC 55 Meridian Parkway, Suite 108 Martinsburg, West Virginia 25404 (304) 757-7956 http://foreclosure.closingsource.net 7/24/2t NOTICE TO CREDITORS AND BENEFICIARIES To the Creditors and Benefi- ciaries of the Estate of Alfred P. Collins, deceased. All persons having claims against the Estate of the said Al- fred P. Collins, deceased, whether due or not, are notified to exhibit same, with the voucher thereof legally verified, to the undersigned at his office, 208 N. George Street, Charles Town, WV 25414, on or before the 20th of October, 2013 otherwise, they may, by law, be excluded from all benefit of said estate. All beneficiaries of said es- tate may appear on or before said day to examine said claims and otherwise protect their interest. The Appraisement of the Es- tate of Alfred P. Collins has been filed in the Office of the Clerk of the County Commission of Jeffer- son County, West Virginia. Given under my hand this 22nd day of July, 2013. S. Andrew Arnold Fiduciary Commissioner Jefferson County 7/24/2t ORDER OF PUBLICATION FAMILY COURT OF JEFFERSON COUNTY, WEST VIRGINIA Amy Dibble, Petitioner, vs. Marion Dibble II, Respondent; Case No. 13-D-217 The object of this suit is to ob- tain a divorce from the bonds of matrimony. It appearing by the affidavit filed in this action that Marion Dibble's residency is unknown. It is hereby ordered that he serve upon: Amy Dibble, 51 Summers Court #602, Ranson, WV 25438, Petitioner, an answer, including any related counter claim or de- fense you may have to the peti- tion filed in this action on or be- fore August 16, 2(J13. If you fail to do so, thereafter judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the petition. A copy of said petition can be obtained from the undersigned Clerk at her office. Entered by the Clerk of said Court on July 10, 2013. Laura E. Storm Clerk of Court By: D. Pittinger, Deputy 7/17/2t NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held on Monday, August 26, 20:13 at 7:00 p.m. in the Council Room at Charles Town City Hall, 101 E. Washington Street, Charles Town, WV by the City of Charles Town Planning Commission on the following matter: Final Plat, Ma!or SLD 2013-03 Norborne Glebe Phase 3 The applicant, Arcadia Com- munities, Inc., has submitted a final plat for phase 3 in Norborne Glebe. The property is identified by District 3, Tax Map 12, Par- cels 209, 209.1, 212 and 215. This phase consists of 31 single- family detached houses and cor- responds with the site plan for Phases 2-5 approved by the City in September, 2006. Written comments can be mailed to City Staff at P.O. Box 14, or dropped off at City Hall at 105 South George Street, Charles Town, WV. Call 304-724- 3251 for questions. Public com- ments are welcome at the sched- uled public hearing. 7/24/1 t PUBLIC NOTICE NEW BRANCH LOCATION Bank of Charles Town (BCT) would like to inform the public of its intent to file an application to establish a branch office at 1101 Frederick St. Hagerstown MD 21740. Any person wishing to comment on this application may file his or her comments in writing with the regional director (DOS) of the Federal Deposit Insurance Corporation at its regional office located at 10 Tenth St NE Suite 800, Atlanta GA 30309-3906 not later than August 8, 2013. The non-confidential portions of the application are on file in the re- gional office and are available for public inspection during regular business hours. Photocopies of the non-confidential portion of the application file will be made avail- able upon request. The public is also invited to submit written comments regard- ing this Notice to the West Virgin- ia Board of Banking and Financial Institutions. Write Commissioner of Banking, 900 Pennsylvania Ave, Suite 306, Charleston, West Virginia 25302. 7/24/1 t TARIFF FORM NO. 12 PUBLIC NOTICE OF CHANGE IN RATES BY MUNICIPALITIES NOTICE is hereby given that the City of Ranson, a municipal cor- poration, adopted by ordinance on Tuesday, July 16, 2013, a tariff containing increased rates, tolls and charges for furnishing service to sewer customers at Ranson, Jefferson County, West Virginia. The proposed increased rates and charges will become effective September 1, 2013, unless otherwise ordered by the Public Ser-:r vice Commission of West Virginia and will produce approximatei~, $244,676 annually in additional revenue, an increase of 32.15%. Of. this increased revenue, approximately 76.09% will be paid directly to, Charles Town Utility Board for increased treatment costs to the City, of Ranson. The average monthly bill based on 4,500 gallons of water. usage for the various classes of customers will be changed as foi-~ lows: "~ ($) INCREASE INCREASE (%) ~ Residential $ 9.30 26.09% ~ Commercial $ 9.30 26.09% "~ Industrial $ 9.30 26.09% ~-" Resale $ N/A N/A Other $ N/A N/A The City of Ranson has no resale customers. The City of Ranson~ has 1,550 customers. ,: For customers who use 2,000 gallons or less per month, the, monthly rate will increase from the current $16.74 to $23.66 per, month. The increases shown are based on averages of all customers in" the indicated class. Individual customers may receive increases that- are greater or less than average. Furthermore, the requested rates~ and charges are only a proposal and are subject to change (increaS:- es or decreases) by the Public Service Commission in its review of~ this filing. The Commission shall review and approve or modify th'e~ increased rates only upon the filing of a petition within thirty (30) days. b ~,~ of the adoption of the ordinance changing said rates or charges, y:~ (1) Any customer aggrieved by the changed rates or charge~ who presents to the Commission a petition signed by not less tha~ twenty-five percent of the customers served by such municipally operJ ated public utility; ' (2) Any customer who is served by a municipally operated pub-, lic utility and who resides outside the corporate limits and who is af- fected by the change in 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 discrimination; or (3) Any customer or group of customers who are affected by said change in rates who reside within the municipal boundaries and who present a petition to the Commission alleging discrimination be- tween said customer or group of customers and other customers of the municipal utility. Said petition shall be accompanied by evidence: of discrimination. All petitions should be addressed to the Executive Secretary, Pubi- lic Service Commission of West Virginia, 201 Brooks Street, P.O. Box 812, Charleston, West Virginia 25323. A complete copy of the proposed rates, as well as a representa-' tive of the utility to provide any information requdsted concerning it/ is available to all customers, prosPective customers or their agents at any of the following offices of the utility. City of Ranson, Ranson City Hall, 312 S. Mildred Street, Ranson,' WV 25438. A copy of the proposed rates is available for public inspection at the Office of the Secretary of the Public Service Commission at 201 Brooks Street, P.O. Box 812, Charleston, West Virginia, 25323. Debbie McClure' City Recorder. 7/24/2t PUBLIC NOTICE OF SEWERAGE RATES OF THE CITY OF CHARLES TOWN NOTICE is hereby given that the CITY OF CHARLES TOWN_ (the "City") enacted an ordinance on July 15, 2013 containing rates and charges for furnishing sewerage service to 2,905 customers at Charles Town and vicinity, in Jefferson County, West Virginia. The proposed rates and charges will become effective 45 days from the date the ordinance was adopted and upon the City's acquisi:. tion of the assets of Willow Spring Public Service Corporation ("Willow Spring"), unless otherwise ordered by the Public Service Commis- sion. Because the City did not increase rates, no additional revenue. will be produced from existing City customers as a result of the enact- ed ordinance. The ordinance was adopted by the City to incorporate- Willow Spring customers into the City's current tariff. Upon the City's. acquisition of the assets of Willow Spring, the City will charge the for, mer Willow Spring customers the rates in Schedule II of the City's cur- rent tariff. Thus, there will be no increase to the City's current rates. It is estimated that the former Willow Spring customers will produce $323,369 annually in revenue. TYPE OF CUSTOMER ($) INCREASE INCREASE (%) Residential $0.00 0% Commercial $0.00 0% Resale $0.00 0% Resale customers of the City include Jefferson County Public Ser- NOTICE OF INFORMATIONAL WORKSHOP PUBLIC vice District and the City of Ranson. MEETING ON THE WEST VIRGINIA RAIL PLAN The increases shown are based on averages of all customers in the JEFFERSON COUNTY indicated class. Individual customers may receive increases that are The West Virginia State Rail AuthOrity will hold informational work- greater or less than average. Furthermore, the requested rates and shop public meeting on Saturday, July 27, 2013, at the Charles Town Li- charges are only a proposal and are subject to change (increases or brary, 200 E. Washington Street, Charles Town, West Virginia in Jeffer- decreases) by the Public Service Commission in its review of this filing. son County on the development of the West Virginia State Rail Plan. The Public Service Commission shall review and approve or modify the The scheduled public information workshop is from 1:00 p.m. increased rates only upon the filing of a petition within thirty (30) days to 3:00 p.m. (or later if additional time is needed). The workshop of the adoption of the ordinance changing said rates and charges by: style meeting will afford participants an opportunity to learn about (1) Any customer aggrieved by the changed rates or charges' the State Rail Plan, to ask questions and to state their views and who presents to the Public Service Commission a petition signed b~,, opinions for consideration in the development of the Plan. A formal not less than twenty-five percent (25%) of the customers served by presentation by State Rail Authority representatives will commence the City's sewerage system; or ~ (2) Any customer who is served by the City's sewerage syster~~ at 6:00 p.m. and staff will be on hand to present information and re- and who resides outside the corporate limits and who is affected by" ceive public input. Those wishing to file written comments may send them to Ms. Cin- the change in said rates or charges and who presents to the Public., dy Butler, Director, West Virginia State Rail Authority, 120 Water Plan Service Commission a petition alleging discrimination between cus-,', Drive, Moorefield, West Virginia, 26836 on or before August 30, 2013. tomers within and without the City's boundaries. Said petition shall be The West Virginia State Rail Authority and the West Virginia De- accompanied by evidence of discrimination; or partment of Transportation, upon request, provide reasonable accom- (3) Any customer or group of customers who ar.e affected by modations including auxiliary aids and services necessary to afford said change in rates who reside within the City's boundaries and who an individual with a disability an equal opportunity to participate in our present a petition to the Public Service Commission alleging discrimi- services, programs, and activities. Please contact us at (304) 558- nation between said customer or group of customers and other cus- 3931. Persons with hearing or speech impairments can reach all state tomers of the City's sewerage system. Said petition shall be accom- agencies by calling (800) 982-8772 (voice to TDD) or (800) 982-8771 panied by evidence of discrimination. (TDD to voice), toll free. All petitions should be addressed to the Executive Secretary, Pub- 7/17/2t lic Service Commission of West Virginia, 201 Brooks Street, Post Of:C rice Box 812, Charleston, West Virginia 25323. " A complete copy of the proposed rates, as well as a represer~:~ NOTICE OF INTENT TO APPOINT tative of the utility to provide any information requested concerto ing it, is available to all customers, prospective customers, or their The Jefferson County Commission proposes to name person(s) to agents at the Clerk's Office at the City Hall, Charles Town, West serve on the following Authorities, Boards, Commissions, or Commit- , .... Virginia. .,. tees on Thursday, August 1,2013, or as soon thereafter as the Corn- A copy of the proposed rates is available for public inspection at" mission may decide: the Office of the Executive Secretary of the Public Service Commis- Jefferson County Board of Zoning Appeals - Three alternate sion at 201 Brooks Street, Post Office Box 812, Charleston, West Vir" members: One unexpired term ending 1/1/2014 ginia 25323. One unexpired term ending 1/1/2015 Is/Kiya Tab~ City Clerk~. One unexpired term ending 1/1/2016 7/24/2t Persons who may be interested in the above listed agency should submit a letter of interest and a resume or statement of qualifications to the Jefferson County Commission, P.O. Box 250, Charles Town, WV 25414, prior to the proposed date of appointment. Alternates: Alternate members shall have all power and duties of a regular Board member when sitting on a case and shaft continue to participate in the case until a final decision is reached. Alternate mem- bers shaft serve by rotation base upon seniority of appointment to the Board. Additional information regarding these appointments may be ob- tained by calling the Commission Office at (304) 728-3284. 7/17/2t NEWSPAPER PUBLICATION FOR DISSOLUTION The Board of Directors of Jefferson County Education Foundation,,, Inc. ("Foundation") filed articles of dissolution to dissolve the Founda-~ tion. Claims against the Foundation will be barred unless a proceed:;-. ing to enforce the claim is commenced within five years after the pub-i: lication of this notice. Creditors should submit information describing- the nature of their claims against the Foundation to the following ad- dress: Jefferson County Education Foundation, Inc., c/o William A. Reichardt, 110 Mordington Avenue, Charles Town, WV 25414. 7/24/lt ', I I