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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
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December 27, 2012     Spirit of Jefferson Farmers Advocate
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| pirit of JEFFERSON and FARMER'S ADVOCATE Legals Thursday, December 27, 2012 65 TRUSTEES" SALE OF VALUABLE REAL ESTATE The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust i dated April 9, 2007, and duly re- ~, corded in the Office of the Clerk ; of the County Commission of Jef- ~ ferson County, West Virginia, in ~ Deed of Trust Book 1641, at page 1703, Mauricio Brun and Maura M. Vasquez did convey unto Mi- i cheal Briel, Trustee, certain real :property described in said deed i of trust; and the beneficiary has i 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- i tioned deed of trust and the un- dersigned Trustees, having been i instructed by the secured party to foreclose thereunder, will offer :for sa e at pub c auction at the I front door of the Jefferson County i Courthouse, 100 East Washing- ~ton Street, Charles Town, West Virginia 25414 on: ! January 7, 2013 At 11:04 AM ! All that certain unit or parcel of i real estate situate in the Hunffield i Community in the City of Charles iT own Jefferson County, West i Virginia, and being more particu- ~larly bounded and described as ! follows: ! Being all of Unit 18, Phase I, !as the same is designated and !described on a platentitled "Final i Plat Showing Lots 1-113, Phase I, Huntfield", made by Appalachian Surveys of West Virginia, LLC, dated May 31, 2002 the plat be- ing recorded in the Office of the been made under the aforemen- NOTICE OF INTENT with the line of tioned deed of trust and the un- Moulton (formerly Burns) N. dersigned Trustees, having been TO APPOINT 45-15 W. 119 poles to the begin- instructed by the secured party The Jefferson CountyCommis- ning, containing 104 acres, 12 to foreclose thereunder, will offer sion proposes to name persons to poles, more or less. for sale at public auction at the serve on the followingAuthorities, LESS AND EXCEPTING, front door of the Jefferson County Boards, Commissions, or Corn- HOWEVER, from'the above de- Courthouse, 100 East Washing- mittees on Thursday January 3, scribed parcel that certain parcel ton Street, Charles Town, West 2013, or as soon thereafter as the containing 15.04 acres as the Virginia 25414 on: Commission may decide: same is bounded and described January 7, 2013 JeffersonOountyPmpertySafebj in a plat of the same made by At 11:05 AM Enforcement Agency-One unex- John S. Kusner, Surveyor, dated All that certain lot or parcel of pired term ending February 8, 2013 January 14, 1971, and recorded land located in the Charles Town Eastern Panhandle, Transitwith a deed from Joseph A. Ey- Magisterial District of Jefferson Authority-Two unexpired terms ster, divorced, to Calvin L. Bal- County, West Virginia, just North ending January 31,2015 lenger and Ethel J. Ballenger, of the Town of Ranson, and be- Potomac Headwaters RC&D- husband and wife, dated Janu- ing all of Lot No. E-8 in the Or- One unexpired term ending'Janu- ary 30, 1971, and recorded in the chard Hills Subdivision, as said ary 31, 2014 Office of the Clerk of the County lot is bounded and described in Board of Zoning and Appeals- Commission of Jefferson County, a plat of said subdivision made One unexpired term ending Janu- West Virginia, in Deed Book 324, by C.R. Atherton, dated Septem- ary 1, 2014 & three Alternate pc- at Page 489, being the home par- ber 30, 1968 and recorded in the sitions ending January 1, 2014, cel reserved by the said Joseph Office of the Clerk of the County 2015 & 2016 A. Eyster in said Deed. Commission of Jefferson Coun- Harpers Ferry/Bolivar Public LESSAND EXCEPTING, FUR- ty, West Virginia in Plat Book 1 Service District-One unexpired THER, HOWEVER, (1) that certain at Page 37, as revised by three term ending June 30, 2012 parcel containing 7.2865 acres plats, the first by C.R. Atherton, Water Advisory Committee- conveyed by E. J. B. Incorporated, C.E. dated May 18, 1971 and re- Two unexpired terms ending Jan- a West Virginia corporation, to the corded in the said Clerk's Office uary 31, 2015 & Three (3 year) said J. A. Eyster, divorced, by deed in Plat Book 1 at Page 189 and terms ending January 31, 2016 dated December 15, 1973, and the second by A.G. Hooper, Jr. Persons who may be inter- recorded in the said Clerk's Of- dated May 28, 1971, and record- ested in the above listed agency rice in Deed Book 368, at Page ed in said Clerk's Office in Plat should submit a letter of inter- 710, said parcel adjoining the said Book 1 at Page 193 and the third est and a resume or statement home parcel of the said J. A. Ey- by John S. Kusner, S.J.C. dated of qualifications to the Jefferson ster, and said parcel being more March 23, 1972 and recorded in County Commission, P.O. Box fully described by a plat by the said Clerk's Office in Plat Book 2 250, Charles Town, WV 25414, said John S. Kusner, recorded with at Page 301. prior to the proposed date of ap- the said deed and (2) that certain The above described property pointment or email nhosby@jef- parcel known as Lot 1, containing is commonly known as: 14 Cider fersoncountywv.org. 1.0000 acres conveyed by Janeen Lane, Ranson, WV 25438-1156. Additional information regard- D. Watson and Gary Watson to 14 Cider Lane, Ranson, WV ing these appointments may be Sylvia L. U. Stephens and Brian 25438-0000 obtained by calling the Commie- Stephens, by deed dated May 28, The aforesaid property is sion Office at (304) 728-3284. 1999 and recorded in the aforesaid SUBJECT TO any and all ease- 12/5/4t Clerk's Office in Deed Book 927, at ments, rights-of-way, conditions, Page 368. covenants and restrictions of re- TOGETHER WITH a perma- nent non-exclusive right of way TRUSTEE'S SALE OF or easement for means of in- property will be made subject VALUABLE REAL ESTATE gressand egress across that cer- to all exceptions, reservations, The undersigned Substitutetain portion of the lane entrance rights of way, easements, con- Trustee, by virtue of the author- as bounded and described in ditions, covenants, restrictions, ity vested in him by that certain the plat by said John S. Kusner, leases and other servitudes of Deed of Trust dated February 3, dated January 14, 1971, and re- record, if any, pertaining to said 2005, and duly recorded in the corded with the deed from the real estate, subject to all matters Office of the Clerk of the County said Joseph A. Eyster, divorced, disclosed by an examination and Commission of Jefferson County, and recorded in Deed Book 324, West Virginia, in Deed of Trust at Page 489, as above described Book 1395, at Page 577, Wolver- therein as follows, to-wit: ine Investments LLC did convey BEGINNING at (1) a corner unto K. Stephen Morris, Trustee, fence post in the north right of way certain real property described in limit of the aforesaid Rt.#9 located said deed of trust; and thebenefi- S. E. 613 feet from the SW cor- ciary has elected to appoint Rich- net of the aforesaid Eyster farm at ard A. Pill as Substitute Trustee the NW side of 'qhe Briar Patch" by a Substitution of Trustee re- land entrance; thence with the corded in the aforesaid Clerk's NW fence said entrance lane, now Office; and default having been made the new line of division with i Clerk of the County Commission cord or in existence. iin Plat Book.19, at Page 49, et The sale of the foregoing real seq. , 46 Braddock Street, Charles Town, WV 25414 The aforesaid property is SUBJECT TO any and all ease- i ments, rlghts-of-way, conditions, covenants and restrictions of re- .. cord or in existence. The sale of the foregoing real inspection of the property, subject property will be made subject to any and all unpaid taxes as re- t all exceptions, reservations, corded against said property, and rights of way, easements, con- to any further matters announced i:litions, covenants, restrictions, at said sale. The property is sold leases and other servitudes of subject to an accurate survey at record, if any, pertaining to said purchaser's expense. real estate, subject to all matters The sale of the foregoing real disclosed by an examination and property will also be made ex- inspection of the property, subject pressly subject to any and all to any and all unpaid taxes as re- other deeds of trust, judgments, I corded against said property, and liens, and all other encumbranc- made under the aforementioned Ballenger N, 45 degrees 42' E., to any further matters announced es of any nature whatsoever, if Deed of Trust, and the under- 29.1 feet to a corner fence post (2), at said sale. The property is sold any, having priority over the deed signed Substitute Trustee having thence by a diagonal line across subject to an accurate survey at of trust referred to herein, been instructed by the secured branch lane to a tenant house lot, purchasar's expense. The Trustees reserve the right party to foreclose thereunder, will new division line Wit_h Ballenger S. The sale of the foregoing real to adjourn the sale, for a time, or offer for sale at public auction at 80 degrees 11' E., 22.6Jeet to a i property will also be made ex- from time to time, without further the front door of the Jefferson corner fence post (3), thence with pressly subject to any and all notice, by announcement at the County Courthouse in Charles Limit taken diagonally cross lane other deeds of trust, judgments, time and place of sale describe Town, West Virginia, on S. 05 degrees 25' W., 57:2 feet to , liens, and all other encumbranc- above or any adjournment there- Thursday, December 27, 2012, corner fence post (17),thence with i es of any nature whatsoever, if of. The Trustees reserve the right at 10:03 AM ,, any, having priority over the deed to reject any and all bids.the following described real es- of trust referred to herein.The subject property will be tate, with its improvements,,,~ease- The Trustees reserve the right sold in "AS IS" condition. The ments and appurtenances'ihere- ~;to adjourn the sale, for a time, or Trustees shall be under no duty Unto belonging, situate in the from time to time, without further to cause any existing tenant or Charles Town District, Jefferson i notice, by announcement at the person occupying the subject County, West Virginia, and more :itime and place of sale describe property to vacate said prop- particularly described as follows: i above or any adjournment there- erty. The Trustees will deliver a All the following described real ~Df. The Trustees reserve the right trustees" deed to the purchaser property, together with all e x - ,,ito reject any and all bids. without any covenant or warranty isting or subsequently erected :i, The subject property will be (express or implied) in the form or affixed buildings, improve- .is01d in "AS IS" Condition. The prescribed by W. Va. Code 38- ments and fixtures; all ease- ~iTrustees shall be under no duty 1-6. The Trustees make no repre- ments, rights of way, and appur- :ito cause any existing tenant or sentations and warranties about tenances; all water, water rights person occupying the subject the title of the real estate to be and ditch rights (including stock property to vacate said prop- conveyed. If the Trustees are un- in utilities with ditch or irrigation erty. The Trustees will deliver a able to convey insurable or mar- rights); and all other rights, roy- ' lrustees" deed to the purchaser' ketable title to purchaser for any alties, and profits relating to the '!iwithout any covenant or warranty reason, purchaser's sole remedy real property, including without ;(express or implied) in the form is return of deposit, imitation any right title and inter- ~prescribed by W. Va. rCode 38- TERMS OF SALE: $11,000.00 est of Grantor in all minerals, oil, ~.1-6. The Trustees make no repre- cash in hand at the time of sale gas, geothermal and similar mat- ~.'sentations and warranties about in the form of a certified Check or ters, located in Jefferson County, ,~the title of the real estate to be "l conveyed. If the Trustees are un- cashier's check made'payable to State of West Virginia (the "Real 'q-eays Valley Trustees, LLC," and Property"): i~ able to convey insurable or mar- the balance in cash closing within The following described parcel ' ketable title to purchaser for any reason, purchaser's sole remedy js return of deposit. TERMS OF SALE: $40800.00 cash in hand at the time of sale ::in the form of a certified check or cashier's check made payable to 'q'eays 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 600 A-1 Prestige Park Hurricane, West Virginia 25526 (304) 757-7956 http://foreclosure.closingsource. net 12/1912t TRUSTEES" SALE OF 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 600 A-1 Prestige Park Hurricane, West Virginia 25526 (304) 757-7956 http://foreclosure.closingsource. net 1 2/19/2t TO THE CREDITORS AND BENEFICIARIES OF THE ESTATE OF JAMES EDGAR BYRON All persons having claims against the Estate of the said James Edgar Byron, deceased, whether due or not, are notified to exhibit their claims, with the VALUABLE REAL ESTATE voucher thereof, legally verified, The undersigned Trustees, byto the undersigned, at P.O. Box A, ~virtue of the authority vested in Shepherdstown, WV 25443, on ~them by that certain deed of trust or before the date which is ninety :~dated November 30, 2005, and (90) days after the first publica- ~duly recorded in the Office of the tion of this Notice, otherwise they may by law be excluded from all ~ Clerk of the County Commission benefit of said Estate. All benefi- ~of Jefferson County, West Virgin- ciaries of said Estate may appear ia, in Deed of Trust Book 1507, ~at page 317, Patricia Ann Myers or request in writing on or before ~did convey unto Richard A. Pill said day to examine said claims , and otherwise protect their in- .~ and David D. Pill, Trustee, certain terests. ~real property described in said Given under my hand this 14th deed of trust and the beneficiary day of December, 2012. has elected to appoint Teays Val- D. Frank Hill, III ley Trustees, LLC as substitute Fiduciary Commissioner }Trustees by a Substitution of County of Jefferson Trustee recorded in the aforesaid 12/19/2t !!. Clerk's Office; and default having of real estate situate in Charles Town District of Jefferson County, West Virginia, to-wit: PARCEL ONE: All of the fol- lowing described real estate with the improvements thereon locat- ed in the Charles Town Mag- isterial District of Jefferson Coun- ty, West Virginia, about two and one-half miles southeast from Charles Town on West Virginia State Route #9, leading from Charles Town to the Shenando- ah River, and more particularly bounded and described in a prior deed as follows, to-wit: BEGINNING at a black oak tree now made a corner to this tract and G.W. Marlow in William Burns line (now Moulton); thence S. 45-30 W. 94.8 poles to a post; thence S. 48-30 W. 13.7 poles to a double post; thence S. 38-15 W. 78.2 poles to a post corner to the land formerly owned by George H. Turner; thence along the south side Of the Bloomery Pike (now WV Route #9) S. 30-15 E. 33.7 poles to a post, thence S. 55-45 E. 19.3 poles to a point in the old water waste way; thence S. 65- 00 E. 14.7 poles to a point on the south side of said Pike (Route #9) thence N. 56-30 E. 5 poles cross- ing the run to a point; thence S. 75-45 E. 12.5 poles; thence N. 73-00 E. 27.5 poles to the Dailey Corner; thence leaving the line of the original survey and running N. 57-45 E. 81.2 poles to a stake; thence N. 46-15 E. 71.25 poles to the intersection of,the Williams Burns line (now Moulton) 15 feet northwest of a walnut tree, thence Rt. #9 R/W N. limit (circular arc to the right), at a radius of 676.3 feet through a delta of 04 degrees 41' 10", subtending a chord at N. 42 degrees 57' W., 5~.3 feet to point of beginning. LESS AND EXCEPTING those partially released Lots 1, 4, 5, 6, 8 and .44 acres, Falcon Ridge Farms, as shown on the plat re- corded in Plat Book 24, at Page 1. At the foreclosure sale, Lots 2, 3, 7 and any remaining acreage in Falcon Ridge Farms as shown on the plat recorded in Plat Book 24, at Page 1 will be sold individu- ally and then as a group. AND BEING the same real estate which was conveyed to Wolverine Investments LLC, by deed dated February 3, 2005, from Gary Watson and Janeen D. Watson, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 1004 at page 30. The above-described property will be sold subject to any cov- enants, 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 Substi- tute Trustee shall be under no duty to cause any existing tenant or per- son occupying the subject property to vacate said property. TERMS: Ten 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, Substitute Trustee P. O. Box 440, 85 Aikens Center, Martinsburg, WV 25404 Phone (304) 263-4971, Fax (304) 267-5840, e-mail: pillfore- closures@ earthlink.net 1 2/1 2/3t CITY OF RANSON ACCEPTING BIDS FOR LANDSCAPING SERVICES ON SELECTED CITY-OWNED PROPERTIES The City of Ranson (City) is seeking bids for Landscaping services on selected City-owned properties. You may contact Ranson City Hall for a specifica- tion sheet listing the services you should bid on. The City of Ranson will open the bidding process immediately and close the bidding at 3:00 p.m. on Wednesday January 16, 2013. NOTICE TO REDEEM (2011-S-00000310- Jefferson County) To: CHARLES E. WRIGHT, JESSICA L. WRIGHT, CHARLES E. WRIGHT, JESSICA L. WRIGHT, BRANCH BANKING AND TRUST COMPANY, BRANCH BANKING AND TRUST COMPANY, BB AND T COLLATERAL SERVICE CORPORATION, EQUITY LOAN SER- VICES INC, WINCHESTER MEDICAL CENTER INC C/O BOOTH AND MCCARTHY, BRANCH BANKING AND TRUST COMPANY, J. PATRICK JONES, CAMPBELL WOODS PLLC, RICHARD A. PILL TRUSTEE, or heirs at law, devisees, creditors, representatives, suc- cessors, assigns, all unknown heirs, guardians, conservators, fiducia- ries, administratorsr, or lienholders. You will take notice that BRADFORD W DAWKINS JR, the pur- chaser of the tax lien(s) on the following real estatd, Certificate of Sale: 2011-S-00000310, LOT 5 (2.76 AC) ASPENWELL, located in MIDDLEWAY, which was returned delinquent in the name of WRIGHT CHARLES E & JESSICA L, and for which the tax lien(s) thereon was sold by the sheriff of Jefferson County at the sale for the delinquent taxes made on the 15th day of November, 2011, has requested that you be notified that a deed for such real estate will be made to him or her on or after April 1, 2013, as provided by law, unless before that day you redeem such real estate. The amount you will have to pay on the last day, March 31, 2013 will be as follows: Amount equal to the taxes and charges $1,170.06 due on the date of the sale, with interest, to March 31,2013. Amount of subsequent years taxes paid On $1,074.74 the property, since the sale, with interest to March 31, 2013. Amount paid for Title Examination and prepa- ration of the list to be served and for prepara- tion and service of notice with interest from January 1, 2012 following the sheriff's sale to March 31, 2013. $860.56 Amount paid for other statutory costs with interest from following the sheriff's sale to March 31,2013. $0.00 Total Amount Payable to Sheriff - cashier check, money order, or certified check must be made payable to The Honorable Robert E. Shirley, Sheriff and Treasurer of Jefferson County. $3,105.36 Cost of Certification of Redemption - cashier check, money order or certified check must be made payable to The Honorable Glen B, Gainer, III, State Auditor $35.00 You may redeem at any time before March 31,2013, by paying the above total less any unearned interst. Return to WV State Auditor's Office, County Collections Office, Building 1, Room W-118, Charleston, West Virginia, 25305. Questions please call 1-888-509-6568. 1 2/12/3t Each person/company providing NOTICE TO CREDITORS contracted services to the City must be licensed and insured. AND BENEFICIARIES Proof of these requirements must To the Creditors and Benefi- be provided at the time the con- ciaries of the Estate of Loretta I. tract is awarded. The company Green, Deceased. receiving the contract will be re- All persons having claims quired to obtain a Ranson busi- against the Estate of the said ness license, and will be subject Loretta I. Green, Deceased, to the Ranson Business and Oc- whether due or not, are notified cupation Tax. to exhibit same, with the vouch- The City will open bids on er thereof legally verified, to the January 17, 2013, and they may undersigned at his office, 208 N. award a contract anytime after George Street, Charles Town, that date. Additionally, the City WV 25414, on or before the 19th reserves the right to reject any or day of March, 2013 otherwise, all bids without comment, they may, by law, be excluded Ranson City Hall is located at from all benefit of said estate. All 312 S. Mildred Street, Ranson, beneficiaries of said estate may WV 25438, and the phone num- appear on or before said day to ber regarding this bid is 304-724- examine said claims and other- 3881. wise protect their interest. 12119/2t The Appraisement of the Es- tate of Loretta I. Green has been filed in the Office of the Clerk of ORDER OF PUBLICATION the County Commission of Jeffer- FAMILY COURT OF son County, West Virginia. Given under my hand this 17th JEFFERSON COUNTY, WV day of December, 2012. Krietie Mills, Petitioner vs. Ron- S. Andrew Arnold aid Unger, Respondent; Case Fiduciary Commissioner Number: 12-D-495 Jefferson County The object of this suit is to ob- 12/19/2t tain a divorce from the bonds of matrimony. It appearing by the af- fidavit filed in this action that the whereabouts of Ronald Unger are NOTICE TO CREDITORS unknown. It is hereby ordered that All persons having claims he serve upon Kristie Mills, 507 E. against the Estate of Virginia 11th Ave., Ranson, WV 25438, an Claire Nutzman, deceased, answer including any related coun- whether due or not, are notified ter claim or defense you may have to exhibit same, with voucher to the complaint filed in this action thereof legally verified, to the on or before 01/21/2013. Ifyoufail undersigned at-The Office, 923 todoso, thereafter judgment, upon S. Samuel St., Charles Town, proper hearing and trial, may be WV, on or before the 16th day of taken against you for the relief de- March 2013. Otherwise they may, manded in the complaint, by law, be excluded from all ben- A copy of said complaint can efits of said Estate. All beneficia- be obtained from the undersigned ries of said Estate may appear on clerk at her office, or before the said day to examine said claims and otherwise protect their interest. Given under my hand this 16th day of December, 2012. June K. Jovanelly Fiduciary Commissioner Jefferson County, WV 1 2/19/2t Entered by the Clerk of said court this 17th day of December, 2012. 12/19/~ Laura E. Storm Clerk of Court By: D. Pittinger Deputy Clerk NOTICE TO BIDDERS The Animal Welfare Society of Jefferson County is requesting sealed bids for the rebid of the Iso- lation/Newborns addition, due Jan- uary 10, 2013, by 4:00 p.m. at the existing shelter. Bids will be opened at the shelter on January 10, 2013 at 4:00 p.m. Bid opening is public. The project is a one-story frame and block addition to the existing shelter. AIA documents to be used. Prevailing wages apply, WV Code- 5A. WV Contractor's License and certified payroll are required. Bid- ding documents may be picked up at the shelter at 23 Poor Farm Road, Kearneysville on Wednes- days, Thursdays or Fridays 11:00 a.m. to 4:00 p.m. for a cost of $5.00. Contract plans may be pur- chased at Charles Town Copying Service or Ebert Reproductions, Winchester, Va., for approximately $25.00. For questions, contact the Architect- Rosalind Welsh (304) 725-4013, or welsharch@yahoo. com. 12_/19/2t FIDUCIARY NOTICE I have in my hands for final settlement the accounts of: Carol Napper, Executrix for the Estate of Guy T. Napper, Sr. June K. Jovanelly Fiduciary Commissioner Jefferson County, WV 12/19/2t FIDUCIARY NOTICE I have in my hands the Waiver of Final Settlement of Russell Bruce Cherry and Dana L. Cher- ry, Personal Representatives for the Estate of Rosalie Elizabeth Leeth, Deceased. S. Andrew Arnold Fiduciary Commissioner Jefferson County 12/27/2t Continued on next page I