PUBLIC NOTICE
In accordance with W. Va. Code § 8A-7-8 et seq., and W. Va. Code § 8A-7-9 et seq., and Ranson Code § 19-20 et seq., the Ranson City Council will consider Proposed Ordinance #2017-302: “AN ORDINANCE AMENDING AND RE-ENACTING THE OFFICIAL ZONING MAP OF THE CITY OF RANSON PURSUANT TO RANSON MUNICIPAL CODE § 19-20 AND CHAPTER 19A, ARTICLE 1: ‘JEFFERSON ORCHARDS’ REALLOCATING TRANSECT DISTRICTS (DISTRICT 8, TAX MAP 12, PARCEL 1)”
First reading of this Proposed Ordinance will be conducted Tuesday, June 16, 2020. In accordance with the COVID-19 Emergency Declaration, this meeting will be conducted by remote means only. Information on remote public attendance is available at http://www.cityofransonwv.net/notices.
The public hearing and second reading of the Proposed Ordinance will be conducted Tuesday, June 23, 2020. In accordance with the COVID-19 Emergency Declaration, this meeting will be conducted by remote means only. Information on remote public attendance and remote public comment is available at http://www.cityofransonwv.net/notices.
The Proposed Ordinance is posted at http://www.cityofransonwv.net/notices. Instruction on submission of written comment is included at that address.
By Order of the
Ranson City Council
5/20/5t
NOTICE OF
PUBLIC HEARING
The Jefferson County Board of Education will hold a public hearing on May 26, 2020 at the Central Office at 6:45 pm regarding their FY21 Budget. The budget will be available for public inspection upon request at the Finance Office during normal business hours from 8:00 am – 4:00 pm.
5/20/1t
NOTICE OF HEARING
On Tuesday, June 2, 2020 at 7:00 pm, the Harpers Ferry Board of Zoning Appeals will hold a hearing to review and make recommendations on the following:
1. Variance Request – Sign Support Replacement for Harpers Cemetery, Fillmore St., Harpers Ferry, WV 25425.
The hearing will be held via Zoom Conference and Livestream on the Town of Harpers Ferry’s Facebook .
Interested parties may comment on the Facebook page during the meeting or comment via US mail (PO Box 217, Harpers Ferry, WV 25425) or email toclerk@harpersferrywv.us. Please include “BZA 6/2/20” with your comment. Written comments are requested one week in advance of hearing.
5/20/2t
Early voting
notice
Early voting for the June 9, 2020 Primary Election will be held at the Jefferson County Courthouse located at 100 East Washington St, Charles Town from May 27 thru June 6 including the two Saturdays, May 30 and June 6. The hours for all days of early voting are 9:00 a.m. to 5:00 p.m.
5/20/1t
§3-1-7 Precinct
Changes
Please be advised that the following precinct was unavailable for the June 9, 2020 Primary Election and will be moved to an alternate location. This change only applies for this election.
n Pct 7 Ranson Elementary School has been changed to Ranson Civic Center (431 W 2nd Ave, Ranson, WV 25438)
n Pct 14 Camp Hill-Wesley Church has been changed to Harpers Ferry Middle School (1710 W Washington St, Harpers Ferry, WV 25425)
n Pct 29 TA Lowery Elementary School has been changed to Jefferson High School (4141 Flowing Springs Rd, Shenandoah Junction, WV 25442)
All affected voters will receive a notice from the Jefferson County Voter & Elections Office.
The Honorable
Jacqueline C. Shadle
Clerk of the County Commission
304-728-3246
5/20/1t
TRUSTEE’S SALE OF VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in it by that certain Deed of Trust dated October 17, 2016, and duly recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed of Trust Book 2113, at Page 697, The Hollow Group, LLC and Sleepy Hollow Real Estate, LLC did convey unto Stephanie L. Ayers, Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Pill & Pill, PLLC as Substitute Trustee by a Substitution of Trustee recorded in the aforesaid Clerk’s Office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee 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, in Charles Town, West Virginia, on
June 8, 2020,
at 5:00 PM
The following described real estate, with its improvements, easem*nts and appurtenances thereunto belonging, situate in the Harpers Ferry District, Jefferson County, West Virginia, and more particularly described as follows:
PARCEL I:
That certain tract or parcel situated in the Harpers Ferry District, Jefferson County, West Virginia, about three miles east of Charles Town, West Virginia, and North of U.S. Route 340, and East of Warm Springs Road and more particularly bounded and described in accordance with a plat thereof made by A. G. Hooper, Jr., C.E. dated August 12, 1961, and recorded with and made a part of the deed hereinafter mentioned as follows:
BEGINNING at a point in the line of Baumgardner (fig. 1 on said plat), which said point is S. 67-25 E. 858 feet from the center line of Baumgardner, said corner being 1,082 feet from the intersection of the center line of said Warm Springs Road with U.S. Route 340; thence by a new line with the land of Glenn N. 1-32 W. 1,662.2 feet to a point (fig. 2); thence continuing with the land of Glenn N. 5-25 E. 163.8 feet to a point (fig. 3); thence N. 13-40 E. 537.2 feet to a point (fig. 4); thence and continuing with the land of Glenn by a new line S. 79-48 E. 1,393.8 feet to a point (fig. 5) in the line with the land of Boyd and then with the line of the land of Morgan S 21-38 W 1,803.4 feet to a point another corner with the land of said Glenn (fig. 6); thence with the land of said Glenn N. 68-22 W. 241.1 feet to a point (fig. 7); thence S. 28-17 W. 709.2 feet to a point (fig. 8) in the line of the land of said Baumgardner; thence with the line of Baumgardner N. 67-25 W. 292 feet to the beginning containing 53.11 acres.
AND BEING the same parcel of real estate that was conveyed unto Sleepy Hollow Golf and Country Club, Inc., a West Virginia Corporation, from Marshall Glenn, et ux., by deed dated September 21, 1961, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 249 at page 268.
PARCEL II:
All of that certain parcel or tract of real estate, together with improvements thereon, situate, lying and being in the Harpers Ferry Magisterial District, Jefferson County, West Virginia, about three miles from Charles Town on the Warm Springs Road (now Country Club Road) originally comprising 224.48 acres, more or less; AND BEING the same property conveyed to Marshall Glenn by deed from Anna B. Riddle, unmarried, dated June 26, 1941, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 154 at page 373, LESS AND EXCEPTING any out sales made by the said Marshall Glenn, his heirs, successors and assigns, including, but not limited to:
1. 0.344 acre conveyed by Marshall Glenn, divorced, to L.P. Hill by deed dated October 3, 1953, and recorded in the aforesaid Clerk’s Office in Deed Book 195 at page 268.
2. 53.11 acres conveyed by Marshall Glenn, et ux., to Sleepy Hollow Golf and Country Club, Inc., by deed dated September 21, 1961, and recorded in the aforesaid Clerk’s Office in Deed Book 249 at page 268 (Parcel I herein)
3. An area of land laid out into lots and streets, known as Sleepy Hollow Estates Subdivision, a plat of which dated May 15, 1962, made by A.G. Hooper, Jr., is recorded in the aforesaid Clerk’s Office in Deed Book 255 at page 322.
4. 0.68 acres conveyed to the West Virginia State Road Commission by Marshall Glenn, et ux., by deed dated August 2, 1966, and recorded in the aforesaid Clerk’s Office in Deed Book 283 at page 196.
5. 0.34 acres taken by the West Virginia Department of Highways pursuant to an Order from the Circuit Court of Jefferson County, West Virginia, in Civil Action No. 1143, dated February 1, 1973, and recorded in the aforesaid Clerk’s Office in Deed Book 354 at page 145.
6. 26.11 acres conveyed to Mary Ann Hammann, et vir., and Walter M. Glenn, et ux., by deed from Alice D. Glenn, Executrix of the Estate of Marshall Glenn, et al., dated March 14, 1986, and recorded in the aforesaid Clerk’s Office in Deed Book 557 at page 38.
7. 4.35 acres conveyed to Georgette W. Glenn, unmarried, by deed dated June 19, 1996, from James S. Glenn, unmarried and Marshall Glenn II and Laura Miller Glenn, husband and wife, and recorded in the aforesaid Clerk’s Office in Deed Book 842 at page 216.
8. 2.0502 acres conveyed to Bellair Homes, LLC, by deed dated July 10, 2003, and recorded in the aforesaid Clerk’s Office in Deed Book 977 at Page 490.
9. 3.0519 acres conveyed to Bellair Homes, LLC, by deed dated July 10, 2003, and recorded in the aforesaid Clerk’s Office in Deed Book 977 at Page 495.
10. .5636 acres conveyed to Bellair Homes, LLC, by deed dated July 10, 2003, and recorded in the aforesaid Clerk’s Office in Deed Book 977 at page 500.
11. 3.53± acres, described for tax purposes, as Tax Map 11 Parcel 10, a portion of the real estate conveyed to Alice S. Glenn, widow, by quitclaim deed dated June 6, 1986, and recorded in the aforesaid Clerk’s Office in Deed Book 557 at page 566.
Leaving an area of land approximately 114 acres, more or less.
TOGETHER WITH that certain right-of-way or easem*nt for pedestrian and vehicular access, more particularly described in a Deed of Easem*nt dated April 20, 2015, to be recorded in the aforesaid Clerk’s Office.
PARCEL III:
3.53+ acres, described for tax purposed as Tax Map 11, Parcel 10, a portion of the real estate conveyed to Alice S. Glenn, widow, by quitclaim Deed dated June 6, 986, and recorded in the aforesaid Clerk’s Office in Deed Book 557, at Page 566.
The aforesaid Marshall Glenn died testate on October 12, 1983, and pursuant to the terms of his will recorded in the aforesaid Clerk’s Office in Will Book U at page 49, the property hereinabove described was devised to his widow, Alice S. Glenn. The said Alice S. Glenn, widow, died intestate on June 13, 1991, leaving as her sole heirs at law, her three children, Marshall Glenn, II, Georgette Glenn, and James S. Glenn. The said Georgette Glenn dies testate on April 13, 2003, and pursuant to the terms of her Last Will and Testament, duly probated and recorded in the aforesaid Clerk’s Office in Will Book 6 at page 153, she devised her interest in the aforesaid real estate to William Preston Peaco*ck, Jr.
At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 117 Golf Course Drive, Charles Town, WV 25414.
THIS SALE IS MADE SUBJECT TO THREE DEEDS OF TRUST, OF RECORD IN DEED OF TRUST BOOK 1884, AT PAGE 619, DEED OF TRUST BOOK 1986, AT PAGE 274, AND DEED OF TRUST BOOK 2041, AT PAGE 656.
AND BEING the same real estate which was conveyed to The Hollow Group, LLC and Sleepy Hollow Real Estate, LLC, by Deed dated October 17, 2016, from , and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book, 1181 at Page 527.
The above-described property will be sold subject to any covenants, restrictions, easem*nts, leases and conditions of record, and subject to any unpaid real estate taxes.
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person 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.
Pill & Pill, PLLC,
Substitute Trustee
David D. Pill, Member
P. O. Box 440, 85 Aikens Center, Martinsburg, WV 25404
Phone (304) 263-4971, Fax (304) 267-5840, e-mail: foreclosures@pillwvlaw.com
5/20/3t
NOTICE OF SUCCESSOR TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN THAT:
By virtue of that certain Deed of Trust dated April 14, 2008, made and executed by 201 NORTH GEORGE STREET, L.L.C. to S. WALTER WASHINGTON, as Trustee, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Trust Deed Book 1712, at Page 702;
Which Deed of Trust has been modified from time to time to reflect changes to the underlying indebtedness, to wit: Modification of Deed of Trust effective July 1, 2010, recorded in the aforesaid Clerk’s office in Book 1815, at page 497; Modification of Deed of Trust effective January 1, 2011, recorded in the aforesaid Clerk’s office in Book 1839, at page 496; Modification of Deed of Trust effective March 21, 2011, recorded in the aforesaid Clerk’s office in Book 1843, at page 488; Modification of Deed of Trust effective June 1, 2011, recorded in the aforesaid Clerk’s office in Book 1860, at page 184; Modification of Deed of Trust effective October 1, 2011, recorded in the aforesaid Clerk’s office in Book 1893, at page 323; and Modification of Deed of Trust effective January 5, 2013, recorded in the aforesaid Clerk’s office in Book 1967, at page 589;
Which Deed of Trust was assigned by the original beneficiary, Middleburg Bank, to Mooring Capital Fund, LLC, a Delaware limited liability company, by Assignment effective March 6, 2014, filed of record in the aforesaid Clerk’s office on May 15, 2014, in Assignment Book 186, at page 555;
Which Deed of Trust was further assigned by Mooring Capital Fund, LLC to NCP Belden LLC, a Delaware limited liability company, by Assignment of Deed of Trust effective April 16, 2019, filed of record in the aforesaid Clerk’s office on February 6, 2020, in Assignment Book 191, at page 31;
Default in the payment of the indebtedness thereby secured by the Deed of Trust having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustee dated February 18, 2020, and recorded in the aforesaid Clerk’s office in Book 1236 at Page 534,
The undersigned Successor Trustee will sell at public auction to the highest bidder on:
Friday, May 29, 2020,
at 11:00 a.m.
at the main entrance to the Jefferson County Courthouse, located at 119 N. George St., Charles Town, West Virginia 25414, the following described real estate:
ALL THAT CERTAIN LOT OR PARCEL OF REAL ESTATE SITUATE IN THE CHARLES TOWN CORPORATION, JEFFERSON COUNTY, WEST VIRGINIA, AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
PARCEL NO. 1: THAT CERTAIN PARCEL OF REAL ESTATE AT THE NORTHEAST CORNER OF NORTH GEORGE STREET AND EAST LIBERTY STREET, AND BEING A PORTION OF LOT NO. 50 ON THE OLD MAP CHARLES TOWN, SAID PARCEL FRONTS 60 FEET MORE OR LESS ON THE NORTH SIDE OF LIBERTY STREET AND EXTENDS BACK A UNIFORM WIDTH 100 FEET, MORE OR LESS, ALONG NORTH GEORGE STREET, AND FORMERLY KNOWN AS THE SAPPINGTON HOTEL STABLE LOT THAT ADJOINED ON THE NORTH THE LAND OF JOHN H. BISHOP.
PARCEL NO. 2: THAT CERTAIN STRIP OR PARCEL OF LAND 12 FEET WIDE ON THE NORTH SIDE OF LIBERTY STREET EAST OF AND IMMEDIATELY ADJOINING PARCEL NO. 1, EXTENDING BACK A UNIFORM WIDTH 101 FEET, MORE OR LESS.
The real estate is identified for tax assessment purposes in the Jefferson County Assessor’s Office in Charles Town Corp District, on Tax Map 2A, as Parcel 0023 and is hereinafter referred to as the “Property.”
Participants are expected to adhere to social distancing guidelines. Any person wishing to participate in the bidding who does not wish to appear at the Jefferson County Courthouse due to the current situation with COVID-19 should contact the Successor Trustee at the number shown below to make arrangements for bidding by phone.
The Property is being sold subject to any and all easem*nts, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the Property and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the Property described above; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 USC § 3604(c).
The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the Property. The Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any.
IN NOVEMBER 2019, THE TAX LIENS FOR DELINQUENT TAXES ASSESSED AGAINST THE PROPERTY FOR 2018 WERE SOLD TO A THIRD PARTY. IN ORDER TO AVOID THE ISSUANCE OF A SHERIFF’S DEED TO THE THIRD PARTY, THE PURCHASER MUST REDEEM THE PROPERTY BEFORE APRIL 1, 2021.
TERMS OF SALE:
1. Cash in hand on the day of sale. The successful bidder shall tender ten percent (10%) of the high bid amount (the “Contract Sale Price”) to the Successor Trustee by certified or cashiers’ check or electronic fund transfer payable to the Successor Trustee on or before 3:00 p.m. EDT on the day of sale. Such deposit shall be NONREFUNDABLE, except as expressly provided by these Terms of Sale. The remaining balance of the Contract Sale Price must be paid to the Successor Trustee by certified or cashiers’ check or electronic fund transfer no later than thirty (30) days after the day of sale. Time is of the essence.
2. Upon conclusion of the sale, the purchaser shall executed a Memorandum of Sale reflecting the sale of the Property and the purchase price.
3. If the purchaser fails to deliver the Contract Sale Price within the prescribed time, at the Successor Trustee’s sole discretion, the Successor Trustee may either (a) file suit to enforce specific performance or seek breach of contract or other applicable damages, (b) convey the Property to the next highest bidder if such bidder will honor his, her or its bid, or (c) proceed to resell the Property pursuant to the aforesaid Deed of Trust. In the event of such a default the defaulting purchaser shall be liable to the Secured Party for the payment of any deficiency in the purchase price resulting therefrom, all costs and expenses of any subsequent sale, reasonable attorneys’ fees, all other charges due, and incidental damages. In the event a resale of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser shall not be entitled to return of his, her or its deposit, and waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds.
4. The beneficiary of the aforesaid Deed of Trust and the holder of the note thereby secured reserves the right to submit a bid for the Property at the sale, which bid may be in the form of a credit bid.
5. The Property may be sold either as a whole or in parcels in the Successor Trustee’s sole discretion.
6. The Successor Trustee reserves the right to accept or reject any bids.
7. The Property will be sold subject to any and all assessments and taxes against said Property; all prior liens and encumbrances of any nature whatsoever; and the Internal Revenue Service’s right of redemption, if any.
8. The purchaser shall be responsible for payment of the transfer taxes imposed by West Virginia Code § 11-22-2 and all other settlement costs and costs incidental to transfer of the Property. Taxes and all other public charges and assessments outstanding against the Property shall be paid by purchaser at Settlement.
9. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the Property.
NOTE: IN NOVEMBER 2019, THE TAX LIEN FOR DELINQUENT TAXES ASSESSED AGAINST THE PROPERTY DESCRIBED HEREIN FOR 2018 WERE SOLD TO A THIRD PARTY. IN ORDER TO AVOID THE ISSUANCE OF A SHERIFF’S DEED TO THE THIRD PARTY, THE PURCHASER MUST REDEEM THE PROPERTY BEFORE APRIL 1, 2021.
10. The Property is sold in “AS IS” condition. The Successor Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition or zoning of the real estate, fitness of the Property for any particular purpose, or the title to the real estate to be conveyed. Prospective purchasers must perform such independent investigations with respect to the Property as they deem necessary prior to bidding on the Property.
11. The purchaser is responsible for, and the Property is sold subject to, any environmental matter or condition, whether latent or observable, if any, that may exist at or affect or relate to the Property and to any governmental requirements affecting the same. The Property will be sold subject to any building or housing violations, easem*nts, agreements, restrictions, terms, rights of way, filed and unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, liens and all other encumbrances having priority over the secured party’s deed of trust, if any, lawfully affecting the Property, whether or not of record, including but not limited to environmental conditions (including without limitation possible wetlands, riparian rights, critical or protected areas, and the presence of protected or endangered species) and all applicable federal, state and local laws, ordinances and regulations lawfully affecting the Property.
12. The Successor Trustee will deliver a Trustee’s Deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code § 38-1-6 upon receipt of the Contract Sale Price in good and available funds.
13. If the Successor Trustee fails, refuses or for any reason is unable to convey title to the Property, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition by the grantor prior to the sale or reinstatement or payoff of the loan without the knowledge of the Successor Trustee. If the validity of the sale is challenged by a party in interest, the Successor Trustee, in her sole discretion, may declare the sale to be void and return the deposit. Purchaser shall have no further remedy.
14. The Property is currently leased to tenants. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Property to vacate the Property. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the Property may be covered by the provisions of the federal Protecting Tenants at Foreclosure Act and West Virginia Code § 38-1-16.
15. The Successor Trustee shall be under no duty to cause any items of personal property remaining at the Property following the sale to be removed therefrom. The purchaser shall be responsible for compliance with all applicable laws in the disposal of any such items of personal property, including West Virginia Code § 38-1-17, to the extent such statute applies.
16. The Successor Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described herein.
17. Announcements made on the day of sale take precedence over all prior communications, both verbal and written, concerning the sale of the Property, including, but not limited to, these Terms of Sale.
18. The parties’ respective rights and obligations regarding the Terms of Sale and the conduct of the sale shall be governed by and interpreted according to the laws of the State of West Virginia.
Given under my hand this 5th day of May, 2020
DEBRA LEE ALLEN,
Successor TrusteeSpilman Thomas & Battle, PLLC
Remote Location:
292 Pleasant Valley Drive,
Charles Town, West Virginia 25414
304.291.7920 | 304.216.5835
dallen@spilmanlaw.com
5/13/2t
REQUEST FOR
QUOTATIONS
Eastern West Virginia Community Action Agency, Inc. (EWVCAA) is accepting Request for Quotations for Weatherization Assistance Program for the following services: HVAC, electrical, plumbing, chimney repair, and the following materials: cellulose, blown fiberglass, mobile home windows & doors, vinyl replacement windows & mobile home furnaces.
Contact Bobbi Wilkins 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 Monday, 2 p.m. June 22, 2020. Late RFQs will not be considered.
5/6/4t
Notice of Administration to Creditors, Distributees & Legatees
Notice is hereby given that the following estate(s) have been opened for probate in the Jefferson County Clerk’s Office at PO Box 208 Charles Town, WV 25414‑0208. Any person seeking to impeach or establish a will must make a complaint in accordance with the provisions of West Virginia Code 41‑5‑11 through 13. Any interested person objecting to the qualifications of the personal representative or the venue or jurisdiction of the court, shall file written notice of an objection with the County Commission through the Jefferson County Clerk’s Office at the address listed above within 60 days after the date of the first publication or within 30 days of the service of the notice, whichever is later. If an objection is not filed timely, the objection is forever barred. Any person interested in filing claims against an estate must file them in accordance with West Virginia Code 44‑2 or 44‑3A.
Settlement of the estate(s) of the following named decedent(s) will proceed without reference to a fiduciary commissioner unless within 60 days from the first publication of this notice a reference is requested by a party of interest or an unpaid creditor files a claim and good cause is shown to support reference to a fiduciary commissioner.
First Publication Date: Wednesday, May 13, 2020
Claim Deadline: Sunday, July 12, 2020
ESTATE OF:
FREDRIC DANIEL RISS JR
EXECUTOR:
ROBERT RISS
85 CHANEY AVE
APT 305
HARPERS FERRY WV 25425‑7125
ESTATE OF:
PAULA ANN GRANT
EXECUTOR:
WILLIAM H MILLER
179 DEBS WAY
DOVER DE 19901‑2894
FIDUCIARY COMMISSIONER:
JUNE K JOVANELLY
923 S SAMUEL STREET
CHARLES TOWN WV 25414
ESTATE OF:
JOHN M COOK
ADMINISTRATRIX:
BETTY A COOK
401 NORTH PRESTON STREET
RANSON WV 25438‑1541
ESTATE OF:
ANNA S COFFMAN
EXECUTOR:
HENRY W MORROW JR
PO BOX 459
CHARLES TOWN WV 25414‑0459
ATTORNEY:
HENRY W MORROW JR
PO BOX 459
CHARLES TOWN WV 25414‑0459
ESTATE OF:
MOROLYN AUGUSTAVIA HESTER
EXECUTRIX:
RHONDA WASHINGTON
62 GENERAL MCCLELLAN COURT
HARPERS FERRY WV 25425‑3124
Subscribed and sworn to before me on 5/8/2020
Jacqueline C Shadle
Clerk of Jefferson County
5/13/2t
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, WEST VIRGINIA
JOHN J. FORSTER, Plaintiff, v. PAULA J. FRICKEY, Defendant;
CIVIL ACTION NO. 20-C-32
Judge McLaughlin
ORDER OF PUBLICATION
TO: PAULA J. FRICKEY, Defendant
The object of the above-entitled action is to obtain an Order directing Defendant to immediately remove her driveway, storage shed, and any other encroachments and/or trespasses from Plaintiff’s Lot 17 at her own expense and to immediately restore Plainitff’s Lot 17 to its original state at her own expense as more particularly described in the Complaint filed herein.
It appearing by Affidavit filed in this action that Defendant Frickey is a resident of the State of West Virginia; that the Plaintiff unsuccessfully attempted to obtain service of the Summons and Complaint upon the Defendant via private process service and via Certified Mail through the Clerk of the Circuit Court, and that the Plaintiff has used due diligence, pursuant to Rule 4(e)(1)(C) of the West Virginia Rules of Civil Procedure, to ascertain the address or whereabouts of Defendant but has not been successful in so doing.
It is therefore ORDERED that PAULA J. FRICKEY appear and serve upon Joseph L. Caltrider, Bowles Rice LLP, counsel for Plaintiff, whose address is 101 South Queen Street, Martinsburg, WV, 25401, a response or other defense to the Complaint heretofore filed in this action within 30 days after that date of first publication of this notice. Otherwise, the Court may render a judgment of default against PAULA J. FRICKEY at any time thereafter, thereby granting the relief requested by Plaintiff in the Complaint.
A copy of said Complaint can be obtained from the Office of the Clerk of the Circuit Court of Jefferson County, West Virginia, 119 North George Street, Charles Town, West Virginia, 25414.
Entered by the Clerk of this Court on the 7th day of May, 2020.
Laura E. Storm, Clerk
Circuit Court of
Jefferson County, WV
By: S. Combs, Deputy
5/13/2t
NOTICE OF
PUBLIC COMMENT
The West Virginia Department of Environmental Protection has scheduled a public comment period for the Draft Fiscal Year 2021 Intended Use Plan for the Clean Water State Revolving Fund Program (CWSRF). A part of the Intended Use Plan is the Fiscal Year 2021 Priority List. All written comments submitted to this notice must be received by the CWSRF by June 27, 2020. A copy of the draft Fiscal Year 2021 Intended Use Plan is available, and may be requested by calling, writing or sending an email request to the address below. The Intended Use Plan can also be viewed on DEP’s web site at https://dep.wv.gov/WWE/Programs/SRF/Pages/default.aspx
Contact
Katheryn Emery
WV Department of
Environmental Protection
Division of Water & Waste
Management
Clean Water State
Revolving Fund
601 57th Street, SE
Charleston, WV 25304
(304) 926-0499 Ext. 43830
Katheryn.D.Emery@wv.gov
5/20/2t
NOTICE OF SUBSTITUTE TRUSTEE’S
FORECLOSURE SALE
NOTICE is hereby given that by virtue of the authority vested in the undersigned Substitute Trustee by that certain Deed of Trust executed by Carolina K. Watson and Kenneth E. Watson, wife and husband, dated December 12, 2006, to David Pill, Trustee, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia as Transaction No. 2006030023 in Deed of Trust Book 1616, at Page 00210; and an Assignment of Deed of Trust dated March 12, 2013, and recorded on March 21, 2013, in the Office of the Clerk of the County Commission of Jefferson County, West Virginia as Instrument No. 2013005083 in Book 185, at Page 410; and re-recorded Deed of Trust dated December 12, 2006 and recorded on September 9, 2008, in the Office of the Clerk of the County Commission of Jefferson County as Instrument No. 2008020328 in Deed of Trust Book 1733, at Page 00181; and a Substitution of Trustee dated September 17, 2008, and recorded on September 22, 2008, in the Office of the Clerk of the County Commission of Jefferson County as Transaction No. 2008021427 in Book 1055, at Page 582; and an Appointment of Successor Trustee dated January 15, 2015, and recorded on January 28, 2015, in the Office of the Clerk of the County Commission of Jefferson County as Instrument No. 2015001349 in Book 1150, at Page 522; and an Appointment of Successor Trustee dated January 15, 2015, and re-recorded on June 22, 2015, in the Office of the Clerk of the County Commission of Jefferson County as Instrument No. 2015008859 in Book 1158, at Page 599; and a Corporate Assignment of Deed of Trust dated June 5, 2015, and recorded on June 22, 2015, in the Office of the Clerk of the County Commission of Jefferson County as Instrument No. 2015008858 in Book 187, at Page 396; and a Substitution of Trustee dated April 16, 2018, and recorded on May 1, 2018, in the Office of the Clerk of the County Commission of Jefferson County as Instrument No. 201800004968 in Book 1206, at Page 322; and a Non-HAMP Loan Modification Agreement dated May 1, 2011; and a Loan Modification Agreement dated November 3, 2015; and a Loan Modification Agreement dated June 1, 2017; and that certain subsequent Substitution of Trustee, Fred G. Staker, III, a resident of Cabell County, West Virginia, dated December 13, 2019, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia on December 30, 2019, as Instrument No. 201900016663 in Book 1234, at Page 381, by which Deed of Trust referenced above the said grantors, Carolina K. Watson and Kenneth E. Watson, conveyed unto the said Trustee, the hereinafter described real estate to secure payment of a certain Promissory Note set out and described therein, and default having been made in the payments of said Promissory Note, and the said Substitute Trustee, Fred G. Staker, III, having been requested in writing to do so by the owner and holder of said Promissory Note, the undersigned Substitute Trustee, Fred G. Staker, III, will sell to the highest bidder on THURSDAY, JUNE 18, 2020, AT THE HOUR OF 12:00 o’clock NOON, at the front door of the Courthouse of Jefferson County, or at the location at, around, or within the Courthouse where Foreclosure Sales are normally and regularly conducted, located within the City of Charles Town, State of West Virginia, the following described real estate, TO WIT:
The following described real property Situate in the City of Summit Point, County of Jefferson, and State of West Virginia, to wit:
All that certain tract or parcel of land situate in Middleway Magisterial District, Jefferson County, West Virginia, about one (1) mile from Swimley Station on the Baltimore and Ohio Railroad, more particularly described as follows:
All of Lot 3, containing 3.013 acres, more or less, of the Burch Manor Subdivision, as the same is designated and described on a plat of survey dated May 28, 2004, prepared by Dewberry/Appalachian Surveys of WV, LLC, entitled, “FINAL PLAT Showing Lots 3-6 & Lot 7 (Residue) of Burch Manor”, recorded in the office of the Clerk of the County Commission of Jefferson County, West Virginia, in Plat Book 21, at page 38, to which said plat reference is hereby made for a more complete and accurate description by metes and bounds of the parcel hereby conveyed; TOGETHER WITH a perpetual non-exclusive easem*nt or right of way for purposes of ingress and egress of all legal means over, under and across that parcel designated as “existing 50’ right-of-way” on the aforesaid plat of survey.
Map/Parcel ID No. 28 / 0003 0003 0000
PHYSICAL ADDRESS: The physical address and location of the subject real property is 331 BOX FACTORY ROAD, SUMMIT POINT, WEST VIRGINIA, 25446.
TERMS OF SALE: Ten percent (10%) down on the day of sale to be paid by certified check. The remainder is due in no more than thirty (30) days from the day of sale. The sale shall be subject to any and all outstanding property taxes and assessments and all prior liens and encumbrances of record and otherwise, if any. The Substitute Trustee does not warrant title to the subject property.
The purchaser shall be responsible for the payment of all transfer taxes imposed by Article 2 of Chapter 11 of the Official Code of West Virginia, as amended.
The subject property will be sold in an “AS IS” and “WHERE IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate the said property. The Substitute Trustee will deliver a Trustee’s Deed to the Purchaser without any covenant or warranty (express or implied) in the form prescribed by WV Code Section 38-1-6, as amended. The Substitute Trustee makes no representations and warranties about the title of the real estate to be conveyed.
Any sale hereunder may be adjourned or continued from time to time without any further notice other than an oral proclamation at the time and place appointed for this sale, or by the posting of a written notice of the same where legal notices are posted for Jefferson County. Should the Substitute Trustee not appear at the time and place appointed for the sale, and there is further no notice posted of an adjournment or continuance, please contact the office of the Substitute Trustee. The undersigned is fully vested with the authority to sell said real property as Trustee by instrument previously recorded.
Should any party or person have any inquiries, objections to the sale, protests regarding the sale, or requests regarding the sale, please notify the Substitute Trustee below at the address and telephone number set forth below.
Given under my hand all as of this 14th day of May, 2020.
__________________
FRED G. STAKER, III,
SUBSTITUTE TRUSTEE
120 East Fourth Street
8th Floor
Cincinnati, Ohio 45202-4007
Telephone: (304) 710-0525
5/20/2t
