LEGAL ADS - JUNE 17, 2020 EDITION (2024)

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 ON

CITY OF CHARLES TOWN ZONING ORDINANCE AMENDMENTS

The City of Charles Town will hold a public hearing on Monday, July 6, 2020 at 7:00 pm, prevailing time, on a request to amend the city’s zoning ordinance. The proposed changes include creating a new land use category for cultural centers, expanding the definition of a bed and breakfast, establishing new standards for canopy, awning, and A-frame signs, and making other miscellaneous changes. Any person interested may appear before the Charles Town City Council at the City Hall, 101 E. Washington Street, Charles Town, West Virginia, and present any comment or protest thereto. Written comments may also be submitted to City Hall prior to July 6, where they will be read into the record at the public hearing. Following the hearing, city council may take such action as it may deem proper.

6/17/2t

ORDER OF PUBLICATION

FAMILY COURT OF JEFFERSON COUNTY, WV

Robert Lee Irving, Petitioner vs. Candy Hundley, Respondent;

Case Number: 19-D-169

The object of this suit is to obtain a modification of child custody against Respondent, Candy Hundley.

It appearing that the whereabouts of Candy Hundley are unknown. It is hereby ordered that she serve upon Robert Lee Irving, 16 Ed Turner Drive, Harpers Ferry, WV 25425, an answer including any related counter claim or defense you may have to the petition filed in this action on or before July 10, 2020. 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 hearing is scheduled for July 20 at 1:00 p.m. before the Honorable David Greenberg of the Jefferson County Family Court.

A copy of said petition can be obtained from the undersigned clerk at her office.

Entered by the Clerk of said Court this 2nd day of June, 2020.

Laura E. Storm, Clerk of Court

By: L. Walters, Deputy Clerk

6/10/2t

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 December 18, 2000, and duly recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed of Trust Book 994, at Page 453, Theodore Henry Ruppenthal, Jr. and Mary Tabler Ruppenthal did convey unto M. Rebecca Linton and Todd M. Beckwith, Trustees, 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

July 7, 2020,

at 5:00 PM

The following described real estate, with its improvements, easem*nts and appurtenances thereunto belonging, situate in the Shepherdstown District, Jefferson County, West Virginia, and more particularly described as follows:

All that certain lot or parcel of real estate, with the improvements and appurtenances thereunto belonging, situate and being about two miles northwest of Shepherdstown in Shepherdstown District, Jefferson County, West Virginia, lying and being along the northerly side of Billmyer Road, fronting on said road a distance of 208 feet, more or less, and extending back a uniform width 1040 feet, containing about 5.00 acres, more or less.

At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Route 3 Box 274, Shepherdstown, WV 25443.

AND BEING the same real estate which was conveyed to Theodore Henry Ruppenthal, Jr. and Mary Tabler Ruppenthal, by Deed dated March 1, 2007, from Mary Elizabeth Tabler, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 942, at Page 484. FURTHER BEING the same real estate conveyed to Mary Elizabeth Tabler Ruppenthal by Deed dated March 1, 2007 from Theodore H. Ruppenthal, Jr. and recorded in Deed Book 1033, at Page 690. The said Mary Elizabeth Ruppenthal passed away from this life and pursuant to her Last Will & Testament, title vested in Theodore H. Ruppenthal and Gail A. Masquat, as Trustee.

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

___________________

Richard A. 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

7/17/3t

Proposed Changes in Rules Regarding

Septic Reserve Areas

The Jefferson County Board of Health has drafted an amendment to its Septic Reserve Policy previously adopted in November of 2008 to allow minimum septic reserve area sizing to be reduced from 20,000 to 10,000 square feet. The draft revision is available on the Jefferson County health Department website at www.JCHDWV.org or a draft copy can be requested via email or picked up at the health Department. Comments will be received until July 24, 2020. Comments may be sent by email to JeffersonLHD@wv.gov or by mail to the address below:

Jefferson County

Board of Health

1948 Wiltshire Road, Suite 1

Kearneysville, WV 25430

6/17/5t

IN THE FAMILY COURT OF JEFFERSON COUNTY, WEST VIRGINIA

IN RE: THE MARRIAGE OF:

SHIRLEY BROWN JACOBSON, Petitioner,

AND

DANNY ALLEN MCCAULEY,

Respondent

CIVIL ACTION NO. 20-D-111

The object of the above proceeding is to obtain termination of the marriage between SHIRLEY BROWN JACOBSON and DANNY ALLEN MCCAULEY. TAKE NOTICE that a hearing will be held before the Honorable Judge David Greenberg, Family Court of Jefferson County, West Virginia, on July 9, 2020, at 2:00 pm at which time you may be present to protect your interests. A copy of the verified petition may be obtained in the Office of the Clerk of the Circuit Court of Jefferson County, West Virginia.

6/17/2t

NOTICE OF

TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated July 31, 2006, executed by Borrower(s), Victoria Webb, to Victoria Webb, the Trustee of record in the office of the Clerk of the County Commission of Jefferson County, West Virginia, in Book 1579, at Page 100. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 127 Harvey Road, Harpers Ferry, WV 25425. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 3, 2020, of record in the Clerk’s Office in Book 1238, Page 166. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have 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 Jefferson County, in Charles Town, West Virginia, on the following date:

July 7, 2020

at 5:02 p.m.

All those certain lots or parcels of real estate, with the improvements thereon and the appurtenances thereunto belonging, situate in the Charles Town District, Jefferson County, West Virginia, and more particularly bounded and described as follows: Being all of Lots Nos. 29, 30, and 31, Section 4-J, as the same are designated on a plat of the subdivision thereof, made for Shannondale, Inc., a corporation, by W. R. Amos, Surveyor, dated July, 1963, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 252, at Page 91.

Being the same property conveyed to Victoria Webb by the Deed dated 07/26/2006 and recorded in Deed Book 1026 at Page 00147 in the Office of the Clerk of the County Commission of Jefferson County, West Virginia.

TERMS OF SALE:

1) The property will be conveyed 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, encumbrances, restrictions, rights-of-ways, easem*nts, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.

2) The Purchaser shall be responsible 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 subject 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 ACCORDINGLY.

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:_____________

Pill & Pill, PLLC

85 Aikens Center

Edwin Miller Boulevard

P.O. Box 440

Martinsburg, WV 25402

(304) 263-4971

foreclosures@pillwvlaw.com

6/17/3t

FIDUCIARY NOTICE

I have in my hands for final settlement the accounts of Timothy K. Pero, Administrator for the Estate of Timothy M. Pero.

June K. Jovanelly

Fiduciary Commissioner

Jefferson County, WV

6/17/2t

Notice of

Public Hearing

The Bolivar Board of Zoning Appeals will hold a public hearing regarding a variance request by Marie Nuar on July 1, 2020. The property is located at 239 Old Furnace Rd, Bolivar, WV 25425. The hearing will be a virtual setting @ 7:00 pm. All interested persons may obtain additional information on the Town of Bolivar website: Bolivar,WV.org or contact the Town of Bolivar office, Attn: Laura Whittington @ 304-535-2476

6/17/2t

IN THE CIRCUIT/FAMILY

COURT OF JEFFERSON COUNTY, WEST VIRGINIA

IN RE: CHANGE OF NAME PETITION OF: JONATHAN PETER BALTZELL TO JAY PERSEPHONE BALTZELL; CIVIL ACTION NUMBER:

20-D-153

LEGAL NOTICE OF

PUBLICATION APPLICATION FOR CHANGE OF NAME

Notice is hereby given that on the 29th dayof July, 2020, at 1:00 p.m. on said day, or as soon thereafter as the matter may be heard Jonathan Peter Baltzell applied by Petition to theFamily Court of Jefferson County, West Virginia for the entry of an order by said Court changing their name from Jonathan Peter Baltzell to Jay Persephone Baltzell, 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 without 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 29th day of May, 2020.

Laura E. Storm, Circuit Clerk

Jefferson County, West Virginia

By: R. Chalk, Deputy Clerk

6/17/1t

IN THE CIRCUIT/FAMILY

COURT OF JEFFERSON COUNTY, WEST VIRGINIA

IN RE: CHANGE OF NAME PETITION OF: JULIA

ELIZABETH LOPEZ-SHANLEY TO JULIA ELIZABETH

SHANLEY; CIVIL ACTION NUMBER: 20-D-163

LEGAL NOTICE OF

PUBLICATION APPLICATION FOR CHANGE OF NAME

Notice is hereby given that on the 3rd dayof August, 2020, at 9:15 a.m. on said day, or as soon thereafter as the matter may be heard Julia Elizabeth Lopez-Shanley applied by Petition to theFamily Court of Jefferson County, West Virginia for the entry of an order by said Court changing their name from Julia Elizabeth Lopez-Shanley to Julia Elizabeth Shanley, 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 without 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 5th day of June, 2020.

Laura E. Storm, Circuit Clerk

Jefferson County, West Virginia

By: R. Chalk, Deputy Clerk

6/17/1t

ORDER OF PUBLICATION

FAMILY COURT OF

JEFFERSON COUNTY, WV

Tiffany Marie Reyes Ortez, Petitioner, vs Angel Francisco Reyes Ortez, Respondent; Case Number: 20-D-170

The object of this suit is to obtain a divorce from the bonds of matrimony.

It appearing by affidavit filed in this action that the whereabouts of Angel Francisco Reyes Ortez are unknown. It is hereby ordered that he serve upon: Jefferson County Circuit Clerk, P.O. Box 1234, Charles Town, WV 25414 an answer including any related counter claim or defense you may have to the complaint filed in this action on or before 7/15/20. 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 undersigned clerk at her office.

Entered by the Clerk of said Court this 15th day of June, 2020.

Laura E. Storm, Clerk of Court

By: E. Cooper, Deputy Clerk

6/17/2t

LEGAL ADS - JUNE 17, 2020 EDITION (2024)

FAQs

Does the 2020 final rule define what qualifies as consent? ›

The 2020 final rule explicitly defines the parameters of what qualifies as consent. Primarily, it stipulates two key points. Firstly, parents can provide consent on behalf of their children as children are not considered capable of providing valid consent for themselves.

What would be a violation of Title IX in schools? ›

Examples of Title IX violations

Some common examples of the types of discrimination covered under Title IX include: Sexual harassment. Failing to provide equal athletic opportunity. Sex-based discrimination in a school's science, technology, engineering, and math (STEM) courses and programs.

What did Title IX of the Educational Amendments of 1972 do? ›

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.

What is the role of the Title IX coordinator? ›

Core Responsibilities of Title IX Coordinators

Keep informed of current research and legal and judicial decisions related to Title IX and gender equity. Be informed about state laws, regulations and policies on all equity issues, including bullying and harassment and child abuse laws.

What qualifies as consent? ›

Consent is agreement or permission expressed through affirmative, voluntary words or actions that are mutually understandable to all parties involved, to engage in a specific sexual act at a specific time: Consent can be withdrawn at any time, as long as it is clearly communicated.

What did the final rule add? ›

The Final Rule allows a school, in its discretion, to choose to offer and facilitate informal resolution options, such as mediation or restorative justice as long as both parties given voluntary, informed, written consent to attempt informal resolution.

What is an example of a Title IX violation? ›

Sexual abuse or assault, battery, or coercion. Unwanted sexual contact that stops short of rape or completed rape. Use of force or manipulation of unwanted sexual activity. Physical acts where a person is incapable of giving consent or is against a person's will.

What are the three types of harassment under Title IX? ›

Sexual Harassment under Title IX

Under University policy (link) and Title IX, there are three forms of sexual harassment: quid pro quo; hostile environment; and sexual assault, dating/domestic violence, and stalking.

Who does Title IX not protect? ›

Title IX does not apply to female students only.

All female, male, and gender non-conforming individuals are protected from any sex-based discrimination, harassment or violence.

What is quid pro quo harassment? ›

It happens when a manager or individual in a position of power offers or merely hints that they will give the employee job benefits in return for that employee's satisfaction with a sexual demand. It may include a raise, promotion, or another benefit.

What is Title IX for dummies? ›

Title IX prohibits, with certain exceptions, any entity that receives "federal financial assistance" from discriminating against individuals on the basis of sex in education programs or activities. The clearest example of federal financial assistance is the award or grant of money.

What is title 9 in simple terms? ›

Know Your Rights: Title IX Prohibits Sexual Harassment1 and. Sexual Violence Where You Go to School. Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities.

What did the final rule under Title IX formally add? ›

The Final Rule reflects core American values of equal treatment on the basis of sex, free speech and academic freedom, due process of law, and fundamental fairness. Schools must operate free from sex discrimination, including sexual harassment.

What are Title IX accommodations? ›

In the context of Title IX, your college or university must consider requests for disability accommodations to help students report sexual violence and misconduct or respond to claims made against them, participate in the investigation and adjudication process, and determine which interim or supportive measures to ...

What is the Title IX amendment? ›

Specifically, Title IX states that “No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

What is the final rule regulation? ›

A final rule, in the context of administrative rulemaking, is a federal administrative regulation that advanced through the proposed rule and public comment stages of the rulemaking process and is published in the Federal Register with a scheduled effective date.

What is consent under Title IX? ›

Consent is knowing, voluntary, and clear permission by words or actions to engage in sexual activity. It is the responsibility of each party to determine that the other has consented before engaging in the activity. Consent: Cannot be gained by force, threats, intimidation, or coercion.

What did the final rule under Title IX formally add to the Title IX definition in Quizlet? ›

What did the Final Rule under Title IX formally add to the Title IX definition of sexual harassment? Sexual assault. After a formal complaint has been filed by a complainant, the Title IX coordinator is required to: Look into each complaint.

What is the standard of affirmative consent? ›

Affirmative Consent must be informed, voluntary, and active, meaning that, through the demonstration of clear words or actions, a person has indicated permission to engage in mutually agreed-upon sexual activity.

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