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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
November 14, 2018     Spirit of Jefferson Farmers Advocate
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November 14, 2018

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' SPIRIT of JEFFERSON 9,nd FARMER'S ADVOCATE PAGE B5 STATE NEWS/LEGALS Wednesda, NovemUer 14, 201S ;STATE SUPREME COURT S wm, 'By CHRISTINE SNYDER Armstead in August to interim jobs on the gan reporting on the state court's spending to cards for personal business. t editor@spiritofjefferson.eom high court. Now they will complete the unex- redecorate their offices. He's set to be sentenced Jan. 16. Days be- pired terms of former justices caught up in a Bass reported that Loughry spent $32,000 fore that, the state Judicial Investigation Com- CHARLES TOWN - Statewide, West Vir- court spending scandal, in state money on a sectional couch for his mission will hold a disciplinary hearing on 'ginians picked former Republican House In the latest Supreme Court news, Allen court office - he had it custom recovered in whether to strip him of his law license. peaker Tim Armstead and former Republi- Loughry - the suspended justice convicted blue suede - and had state workers move a In last week's election, Armstead was can Congressman Evan Jenkins to continue on federal charges last month - resigned from state-owned desk that once belonged to Capi- picked to complete the term of retired Justice the state Supreme Court, but the pair did the court effective Monday. tol architect Cass Gilbert to Loughry's home. Menis Ketchum. It runs through 2020. not win with voters here. Loughry's letter to Justice, written on Fri- Following an investigation, a federal jury Jenkins was among 10 candidates who com- , ' Jefferson County voters instead backed day, came after the governor issued a call for found Loughry of seven counts of wire fraud, peted to replace Justice Robin Davis, whose Christopher Wilkes, the 23rd circuit court a special legislative session. Lawmakers were two counts of making false statements to fed- term runs through 2024. judge who lives in Berkeley County, for the set to return to Charleston this week to formal- eral investigators and one count each of wit- Besides the two circuit judges, candidates ' Division One seat, with Kanawha County ly consider ousting Loughry from the court, ness tampering and mail fraud. He was ac- running against Armstead included attorneys i Circuit Judge Joanna Tabit finishing second. Judicial elections in West Virginia have quitted of nine counts of wire fraud and one Harry Bruner Jr Robert Carlton, Ronald Hat- In Division Two, Charleston lawyer Denisse been nonpartisan since 2016, but the court's count of mail fraud, field, Mark Hunt, Hiram Lewis IV, D.C. Of- " Smith - the only woman in that race - gar- turmoil has raised questions with some Dem- Loughry has asked for a new criminal trial, futt Jr. and Jeff Woods. nered the most votes in Jefferson. ocrats calling the shakeup a power grab by the although the motion was sealed so the grounds Jenkins beat Smith - a Fayette County na- Wilkes captured 10,796 votes (59.7 per- Republican-led legislature, for that request are not public, tive who earned her undergrad and law de- tent) with Tabit finishing with 3,094 (17.11 With Loughry's resignation, Justice will Loughry's wire fraud convictions centered grees from West Virginia University- as well percent). Armstead finished next with 1,502 have. another opportunity to appoint a justice on his use of state vehicles and credit cards as Democratic former state Senate President votes or 8.31 percent, to the court, for weekend and holiday travel and to book Jeff Kessler, Circuit Judge Will Thompson, In the Division 2 race, Smith had 5,097 Loughry, a Tucker County native who wrote signing events at The Greenbrier, according family court Judge Jim Douglas and attorneys votes (30.56 percent) with Jenkins getting a book on West Virginia's culture of political to evidence presented during his trial. Robert J. Frank, Brenden Long, Jim O'Brien, .2,350 (14.09 percent). All the other candidates corruption, was suspended from the bench on One of his convictions for making false Marty Sheehan and William Schwartz. had less than 10 percent of the vote each. June 8 following a scandal that began last year statements found that Loughry lied to inves- , Gov. Jim Justice appointed Jenkins and when Charleston TV reporter Kennie Bass be- tigators about using the vehicles and credit - the Associated Press contributed to this report LEGALS . more complete and accurate de- TRUSTEE'S SALE OF scription by metes and bounds of ,VALUABLE REAL ESTATE the parcel hereby conveyed; The undersigned Substitute TOGETHER WITH a perpetual , Trustee, by virtue of the author- non-exclusive easement or right ity vested in him by that certain of way for purposes of ingress ' Deed of Trust, dated Septem- and egress of all legal means ber 16, 2011, and duly recorded over under and across that cer- in the Office of the Clerk of the tain area designated as "Existing County Commission of Jefferson 40' Ingress/Egress Easement" . County, West Virginia, in Docu- on the aforesaid plat and known '~nent No. 2011026383, in Book asAlexis Drive ' No. 1860, at Page 549; modified AND BEING the same parcel fin Document No. 2014017570, :of real estate conveyed to the . in Book No. 2025, at Page~iGrant rs herein by Deed dated ,125; modified in Document No. ; September, 2011 from Federal 2016001218, in Book No. 2076, Home Loan Mortgage Corp. at Page 657; modified in Docu- and recorded in the office of the ment No. 201700010119, in Clerk of the County Commis- Book No. 2140, at Page 292;sion of Jefferson County, West and modified in Document No. Virginia, in Deed Book ~099, at -201800005996, in Book No. page 155 2184, at Page 529, Eric M. Bell- FOR PURPOSES OF SEC- man did convey unto Randall R. TION 4, ARTICLE I, CHAPTER ' Conrad II, Trustee(s), certain real 13 OF THE WEST VIRGINIA IN THE CIRCUIT COURT property described in said Deed CODE ANNOTATED, ANY NO- OF JEFFERSON COUNTY, of Trust; and the beneficiary has TICE OF A TRUSTEE'S SALE elected to appoint Seneca Trust- SHALL BE MAILED TO THE WEST VIRGINIA ees, Inc as Substitute Trustee GRANTORS HEREUNDER AT STATE OF WEST VIRGINIA, by a Substitution of TrusteeTHE FOLLOWING ADDRESS ex rel, JEFFERSON COUNTY ' dated September 4, 2015, and (OR )RESS~ "SHERIFF'S OFFICE, " recorded in the aforesaid Clerk's SUBSE~ N TO Petitioner, VS. office; and default having BY TWO THOUSAND TWO ' HUNDRED FORTY-SIX .made under the exis DOLLAS($2,246) US , Deed of CURRENCY AND SHAWN ution of sig= DURHAM, 986 HENSHAW ' Jst, this property ported to have an address RD BUNKER HILL, WV 25413 of: 340 Alexis Drive, Ranson, Respondent/Property Owner c auction at WV 25438. CIVIL ACTION NO. 2018-P-182 . the of the JeffersonThe referenced rea estate ORDER OF PUBLICATION bounty Courthouse in Charles will be conveyed with no cove- The purpose of this action is to "Town, West Virginia, on nar;ts of warranty, and subject to obtain the forfeiture of property all covenants, restrictions, ease- below described. Any claimant to ' December 4, 2018 ments, rights of way and reser- the property must file a claim in at 1:00 PM the following described real es- vations which may be a matter writing with the Clerk of the Cir- tate, together with its improve- of record in the aforesaid Clerk's cult Court of Jefferson County i .ments, easements and appur- :i:.~ice or visible upon theground, West Virginia on or b~fore the '~tenances thereunto belonging, ~ ~'~irprior liens and encumbranc- 18th day of December, 2018, ( situate in Charles Town District, ::~i~;'!including, without limitation, and serve a true copy on Nell ~Jefferson County, West Virginia, Iten:S~for real estate taxes, in- Zahradnik, Assistant Prosecut- and more particularly described Cinerator, sanitary and sewer ing Attorney of JeffersonCounty, as follows: char~ges. The purchasers at the West Virginia. In addition, any ALL THAT CERTAIN lot or saleshall be responsible for pay- claimant must file an additional written notice stating you wish in a period of 120 days from the disposed of according to law." 2. The object of this publication date of such sale or the period The Office of the Prosecuting by Class I legal advertisement is allowable for redemption under Attorney of Jefferson County, to notify the above-named indi- local law, whichever is longer West Virginia will seek an Or- vidual of the action pending be- Pursuant tothe Deed of Trust, der from the Circuit Court direct- fore the Court specified below: the Trustee may postpone the ing the forfeiture of the above Hearing for a Protective Order sale by public announcement at described property to the State TO THE ABOVE-NAMED RE- thetimeand place designated or of West Virginia investing own- SPONDENT: by posting a notice of the same, ership of the said property in If appearing by evidence duly and act by agent in the execution Charles Town, West Virginia, in taken in this action that you could of the sale. The parties secured open court in the Circuit Court not be found in or that you have by the Deed of Trust reserve the of Jefferson County, West Vir- left the State of West Virginia, right to purchase the property at ginia, sitting in Charles Town, you are hereby notified of the such sale. on or after the 18th day of Janu- above referenced action, a copy SENECA TRUSTEES, INC. ary, 2019. of which may be obtained at the 5000 Coombs Farm Drive, Laura E. Storm Jefferson County, Circuit Clerk's Suite 104 Clerk of the Circuit Court of office. Morgantown, WV 26508 Jefferson County, West Virginia A final hearing is scheduled for (304) 413-0044 By: J. Wolfe, Deputy Clerk the 4th day of December, 2018, (304) 292-2918 11/14/2t at 8:30 a.m before the Jefferson Toll free: (888) 534-3132 County Family Court. Reference File No. 32762 Issued this 7th day of Novem- 11/14/2t ber, 2018 at 11:55 a.m. Laura E. Storm, Circuit Clerk By: E. Cooper, Deputy Clerk 11/14/lt "parcel of real estate, with the ing the recording costs and also improvements thereon and thethe tax on the privilege of trans- appurtenances thereunto be- ferring real property (the cost of ~DJonging, situate in Charles Town the tax stamp to be affixed to the istrict, Jefferson County, West deed). The purchasers shall be ~JVirginia, being more particularly responsible for payment of all ~:~bounded and described as fol- real estate taxes. ~Jows: The subject property will be ,% That certain lot or parcel sold in "AS IS" condition. The ~f real estate containing 1.55 Substitute Trustee shall be un- ; acres, more or less, and des- der no dutyto cause any existing ~nated as "Lot B", on a plat of tenant or person occupying the -*survey dated March 15, 2001, subject property to vacate said prepared by Peter H. Lorenzen, property. P.S, entitled, "Final Plat Lots A, TERMS: $9000.00 in cash i~B & c (Residue) John R. Corbin and/or certified funds as deposit Minor Subdivision", which said at the time of sale with the bal- plat is recorded in the Office of ance due and payable within 30 i, the County Clerk Of the County days of the day, of sale. I Commission of Jefferson Coun- FEDERAL TAX LIEN: In the i ty, West Virginia, in Plat Book 18, event that there are Federal Tax ,Page 72, and,to which said plat Liens against the property, the reference is hereby made for a United States would have the right to redeem the property with- to contest the forfeiture within 30 days. Any claim filed must clearly state the identity of the claimant and address where legal pro- cess can be served upon the claimant. The property seized and sought to be forfeited in this action is: ALL THE ABOVE REF- ERENCED PROPERTY: TWO THOUSAND TWO HUNDRED FORTY-SIX DOLLARS ($2,246) US CURRENCY. 'q'he Confiscated property is subject to administrative forfei- ture unless you provide written notice, within 30 days of receipt of this notice, that you wish to contest the forfeiture. If you fail to provide a notice to the Pros- ecuting Attorney, you will imme- diately and forever lose all right, claim, title and interest to the confiscated money, and it will be JEFFERSON COUNTY PLANNING COMMISSION PRELIMINARY PLAT PUBLIC HEARING Meeting Date & Time: December 11, 20i8 at 7:00 p.m. Meeting Location: Charles Town Li~arY.~onference Room (entrance on Samuel St.) 200 East Washing- ton Street, Charles Town, WV 25414~i~' :~;~ All proposals are pursuant to the JeffersOn County Subdivision and Land Development Regulations. FILE # PROJECT NAME 18-05 Magnolia Springs PROPOSAL :!~ii : Prelimina~ Plat, 300 Lot.Major Subdivision i: PROPERTY LOCATION West of US340 (Berryville Pike); East of Belvedere Farm Ln. Tax District: Charles Town; Tax Map: 10; Parcels: 8 & 8.6; Size: 127.58 ac; OWNER/ DEVELOPER Belvedere Family Trust C/O Walter J. III & William K. Truettner ~ ;:~i~:: : Zone: Residential ~ 7" ~ ~ ' Growth ! . All sites will be posted with Pul~i'ic'Noiice~Placard. Office of Planning & Zoning files may be reviewed dur- i mg normal business hours. I ~' Written"~c mments to the Commission must be submitted no later than one week prior to the Meeting for inclusion In their mailed packet. Contact the Staff for additional submission requirements. t L . Questions or Comments may be directed to 116 E. Washington St P.O. Box 716, Charles Town, WV 25414, or call 304-728-3228. By Order of the Jefferson County Planning Commission t Donnie, Fisher, President "11/14/lt IN THE CIRCUIT/FAMILY COURT OF JEFFERSON COUNTY, WEST VIRGINIA IN RE: CHANGE OF NAME PETITION OF: RYAN LARUE MILES; CIVIL ACTION NUMBER: 18-P-179 LEGAL NOTICE OF PUBLICATION APPLICATION FOR CHANGE OF NAME Notice is hereby given that on the 2nd day of January, 2019, at 9:30 a.m. on said day, or as soon thereafter as the matter may be heard Chelsea N. Bhardwaj will apply by Petition to the Family Court of Jefferson County, West Virginia for the entry of an or- der by said Court changing her child's name from Ryan Larue Miles, at which time and place any interested party may appear and be heard, if they so desire. You are hereby notified that this matter may be rescheduled with- out further notice or publication. A copy of said Petition can be obtained from the undersigned Clerk at her office: Clerk of Circuit Court, 119 North George Street, Charles Town, WV 25414. Entered by the Clerk of said Court the 30th day of October, 2018. Laura E. Storm, Circuit Clerk Jefferson County, West Virginia By: B. Chalk, Deputy Clerk 11/14/lt IN THE FAMILY COURT OF JEFFERSON COUNTY, WEST VIRGINIA TO: James Sandagata, Respondent; DOB 1126/1990; Magistrate Court Case No.: 18-M19D-00205; Family Court Civil Action No.: 18-DV-182 ORDER OF PUBLICATION 1. The object of this suit is to obtain a Protective Order. 2. The object of this publication by Class I legal advertisement is to notify the above-named indi- vidual of the action pending be- fore the Court specified below: Hearing for a Protective Order 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 5th day of December, 2018, at 9:00 a.m before the Jefferson County Family Court. Issued this 7th day of Novem- ber, 2018 at 11:55 a.m. Laura E. Storm, Circuit Clerk By: E. Cooper, Deputy Clerk 1111411t- IN THE FAMILY COURT OF JEFFERSON COUNTY, WEST VIRGINIA TO: Brian K, Yowell; Magistrate Court Case No. 18-M19D-00202; Family Court Civil Action No.: 18-DV-180 ORDER OF PUBLICATION 1. The object of this suit is to obtain a Protective Order. ORDER OF PUBLICATION FAMILY COURT OF JEFFERSON COUNTY, WEST VIRGINIA Case Number: 18-FIG-22 IN THE MATTER OF: D.L J.S and L.S. (infant children of James and Evelyn Sandagata) Barbara Edwards, Petitioner, vs. James Sandagata, Respondent, Evelyn Sandagata, Respondent The object of this suit is to establish guardianship of D.L J.S and L.S. To: Respondents: James Sandagata and Evelyn Sanda- gata, c/o The Spirit, Legal No- tices, 114 N. Charles St Charles Town, WV 25414 It appearing by the affidavit filed in this action that the where- abouts of James Sandagata and Evelyn Sandagata are un- known; it is hereby ordered that James San.dagata and Evelyn Sandagata serve upon Barbara Edwards, 6290 Leetown Road, Kearneysville, WV 25430 an answer, including any related counter claim or defense you may have to the complaint filed in this action on or before No- vember 15, 2018. If you fail to do so, thereafter judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the complaint. A copy of said complaint can be obtained from the under- signed clerk at her office. Entered by the clerk of said court this 7th day of November, 2018. Laura E. Storm Clerk of Court By: L. Waiters, Deputy Clerk 11/14/2t NOTICE OF TRUSTEE'S SALE NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Substit~'lt'~ Trustee, Pill & Pill, PLLC, by {l~h~ certain Deed of Trust date~,~ctober 17, 2017, executed by the Bor- rowers, Veronica Eury and Gary Eury, to Teays Valley Trustees, LLC, the Trustee, of record in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Book 2161, at Page 341. At the time of the ex- ecution of the Deed of Trust, this property was reported to have a mailing address of 510 Cedar Hill Drive, Harpers Ferry, WV 25425. Pill & Pill, PLLC was appointed as Substitute Trustee by an AP- POINTMENT OF SUCCESSOR TRUSTEE dated October 22, 2018, of record in the Clerk's Of- rice in Book 1214, at Page 605. The Borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Jef- ferson County, in Charles Town, West Virginia, on the following date: December 10, 2018 at 4:34 p.m. The property is described as all of that certain lot or parcel of real estate, with the improve- ments thereon and the appurte- nances thereunto belonging, sit- uate, lying and being in Harpers Ferry District, Jefferson County, West Virginia, and more particu- larly described as follows: Parcel 1: Being the all of the western 1/2 of Lot 44 and the eastern 1/2 of Lot 44, as shown on a plat entitled "Lot 44, Section I, Keyes Ferry Acres, Harpers Ferry District, Jeffer- son County, West Virginia", recorded in the Office of the Clerk of the County Commis- sion of Jefferson County, West Virginia in Deed Book 663, at Page 26. Parcel 2: All of Lots 45 and 46, Section I, of Keyes Ferry Acres as the same are bounded and described in a plat of Section I, of Keyes Ferry Acres as the same are bound- ed and described in a plat of Section I of Keyes Ferry Acres, dated 05/19/1964, made by E. P. Hickman, Surveyor, and at- tached to a deed recorded in the Office of the Clerk of the County Commission of said County in Deed Book 267, at Page 90. Being the same property con- veyed to Gary S. Eury by the Deed dated December 12, 2011, and recorded in Deed Book 1104, at Page 509, in the Office of the Clerk of the County Com- mission of Jefferson County, West Virginia. TERMS OF SALE: 1) The property will be con- veyed in an "AS IS" physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbranc- es, restrictions, rights-of-ways, easements, covenants, convey- ances and conditions of record in the Clerk's office or affecting the subject property. 2) The Purchaser shall be re- sponsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1. 3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale. 4) The Trustee reserves the right to continue sale of the sub- ject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee. 5) 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 belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF AC- CORDINGLY. 6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale. Pill & Pill, PLLC, Substitute Trustee BY: Richard A. Pill, Member Pill & Pill, PLLC 85 Aikens Center Edwin Miller Boulevard P.O. Box 440 Martinsburg, WV 25402 (304) 263-4971 foreclosures @ 11/14/4t ~,