IN THE CIRCUIT COURT
OF WISE COUNTY
CASE NO. CL12–618
THE UNKNOWN HEIRS OF LANEY MCCOY
MARTHA ANN MCCOY HAYES
JOHN NELSON MCCOY
ELSWICK LEE MCCOY
GEORGIA F. MCCOY CARICO COVA (COLBY) MCCOY
JAMES I. MCCOY
BETTY MCCOY HARTNESS
CAROLYN MCCOY HAYES
AND THE UNKNOWN HEIRS OF
MARTHA ANN MCCOY HAYES
JOHN NELSON MCCOY
ELSWICK LEE MCCOY
GEORGIA F. MCCOY CARICO
COVA (COLBY) MCCOY
JAMES I. MCCOY
BETTY MCCOY HARTNESS
CAROLYN MCCOY HAYES
ORDER OF PUBLICATION
The object of the above-styled suit is to establish title and declare the plaintiff as owner of Parcel ID Number 007788 which contains 16.20 acres of land.
An affidavit having been made and signed the addresses and whereabouts of some of the defendants are unknown and that there may be unknown heirs of Laney McCoy, Martha Ann McCoy Hayes, John Nelson McCoy, Elswick Lee McCoy, Georgia F. McCoy Carico, Cova (Colby) McCoy, James McCoy, Charlie McCoy, Marion McCoy, Sam McCoy, Katie Burger, Chester McCoy, James I. McCoy, Maggie McCoy, Rachel McCoy, Lloyd McCoy, Bertie McCoy, Margaret McCoy, Betty McCoy Hartness, Carolyn McCoy Hayes and Walker McCoy, whose names and addresses are unknown, it is hereby ORDERED, that each of said parties appear on or before November 26, 2012, and do whatever is necessary to protect their interest in said land.
It is further ORDERED that is Order of Publication be published once a week for four consecutive weeks in The Coalfield Progress, a newspaper of general circulation in the County of Wise, and a copy of this order shall be posted in the Wise County Courthouse.
Clerk of the Circuit Court
of Wise County
Dated: September 21, 2012
I ask for this:
Leonard D. Rogers, P.C.
Counsel for Plaintiff
Post Office Box 1097
Wise, Virginia 24293
NOTICE OF SUBSTITUTE TRUSTEE’S SALE OF
PROPERTY LOCATED IN CITY OF NORTON, VIRGINIA AT 12 5TH STREET
NORTON, VIRGINIA 24273TAX ID NUMBER 232N0049
IN EXECUTION of Deed of Trust dated July 25, 2008, by M. Bardin Thrower, Jr., to Leonard D. Rogers, Trustee, securing Miners Exchange Bank the Noteholder in the original principal amount of $51,970.23, which said Deed of Trust is recorded as Instrument Number 200802917 in the Clerk’s Office for Circuit Court of Wise County, Virginia, default having occurred thereunder, and having been appointed Substitute Trustee by document of record as Instrument Number 201202732, the undersigned, at request of the Beneficiary will offer for sale the following described property at public auction at the Eastern Front Door of the Wise County Courthouse, at 206 East Main Street, in the Town of Wise, Wise County, Virginia, on the
9th DAY OF NOVEMBER, 2012, AT 11:00 A.M.
All that certain lot, tract or parcel of property, together with all improvements situate thereon, located in the City of Norton, Wise County, Virginia, and a part of the land known as Lot No. 1 of Block No. 2 on a plat made by P.L. Jones dated October 19, 1911, and being a plat of the S.C. Graham tract of land and the parcel being hereby conveyed and described as follows, to-wit: BEGINNING at a stake along the Western edge of 5th Street; said stake bears South 53 48 E 150 ft. from the intersection of said 5th Street with Southern edge of Virginia Avenue; thence along the Southern boundary of that certain 50 ft. lot presently owned by the parties of the second part and having been previously conveyed to them by the said parties of the first part, N 40 44 W 100 ft. more or less to a stake; and to the property formerly owned by J. S. Newman; thence along the said Newman property S 53 48 E 8 1/2 ft. to a stake; thence South 40 44 East and parallel to the first call in this deed, 100 ft. more or less to a stake along the Eastern edge of 5th St.; thence along the Eastern edge of 5th Street N 53 W 8 1/2 ft. to the point of BEGINNING.
There is also EXCEPTED and RESERVED from the operation of this conveyance a narrow strip of land heretofore sold and conveyed by prior owners of this property unto the Town of Norton for a street right-of-way along the front of said property, reference to which deed is here made for a more full and complete description of said strip or parcel of land.
BEING that same property heretofore conveyed unto M. Bardin Thrower, Jr., by Deed dated July 2, 2008, from Charlie E. Cook, which said Deed is recorded as Instrument Number 200802916 in the Clerk’s Office for Wise County, Virginia, reference to which said Deed is hereby made.
THERE IS ALSO GRANTED to the Grantees the use of any and all easements, rights of ways, roadways, water rights, pipeline rights, sewer systems, including field lines attached thereto, in existence and which lawfully may be used by Grantors, whether by express grant, prescriptive use or otherwise, and which are appurtenant to and part of the use and enjoyment of this particular tract of land.
THIS DEED IS MADE SUBJECT to any and all existing reservations, easements, exceptions, conditions, restrictions and/or adverse conveyances as the same may lawfully affect the above-described property.
THERE IS ALSO CONVEYED BY THIS INSTRUMENT all buildings, improvements, fixtures, appliances and/or easements, now or hereafter attached to or used in connection with the property herein described.
LIENHOLDER RESERVES THE RIGHT TO BID OR TO REJECT ANY BIDS.
TO VIEW THIS PROPERTY, CONTACT VERLENA RAY AT MINERS EXCHANGE BANK: 276-395-2230.
TERMS OF SALE: Cash or Cashier’s Check. A deposit of 10% of the sale price in cash or certified/cashier’s check may be required at the time and place of sale with the balance of the sale price to be paid at settlement, to be held within FIFTEEN (15) days from the date of the sale. The property and any improvements thereon shall be sold in "AS IS" condition without any warranties. Buyer shall be responsible for all costs of conveyance, by Special Warranty Deed including but not limited to preparation of the Deed. Sale is subject to such additional terms as Trustee may announce at the sale.
This is a communication from a debt collector and/or attempt to collect a debt and any information obtained will be used for that purpose.
Given under my hand this 8th day of October, 2012.
GREGORY D. GILBERT
GREGORY D. GILBERT
Attorney at Law
P. O. Box 336
201 E. Main Street
Wise, Virginia 24293
Miners Exchange Bank
P. O. Box 1197
483 Front Street
Coeburn, Virginia 24230
In execution of a Deed of Trust dated December 18, 2007, recorded in Instrument Number 200705236 in the Clerk’s Office for the Circuit Court of Wise County, Virginia, the undersigned Substitute Trustee (hereinafter “Trustee”) will, on Tuesday, October 23, 2012, at 11:30 a.m., at the front doors of the Wise County Courthouse, East Main Street, Wise, Virginia, offer for sale at public auction to the highest bidder the following property with improvements thereon:
All that certain tract, piece or parcel of land being the eastern end of Lot No. 5, as shown on a plat and blueprint attached to the deed between Nannie D. Isaac, et al, dated June 6, 1946, and recorded in the Circuit Court Clerk’s Office of Wise County, Virginia, said plat being marked and known as Sub-division of Lot 2, Block 2, East Norton, the eastern part of said lot being bounded and described as follows, to-wit:
BEGINNING at a point on the Western line of United States Highway #23, and now known as East Park Avenue, in the Town of Norton, Virginia, at a point the Southwestern corner of lot No. 6 of said subdivision, which said lot #6 now belongs to Bailey Lee Isaac; thence from said point of BEGINNING along the Western line of said Route #23 S, 11-45 W., 60.5 feet, more or less, to a point, a corner between Lots 4 and 5, in said sub-division; thence along the division line between said Lots 4 and 5, N. 61-40 W., 139 feet to a stake in said line; thence leaving the line between said Lots 4 and 5, and crossing said Lot 5, N. 11-45 E., 55 feet, more or less, to a point in the division line between Lots 5 and 6 on said sub-division; thence along the Southern line of said Lot #6, in said sub-division, S. 63-55 E. 138 feet, more or less, to the point of BEGINNING.
BEING the same property conveyed to Rachel R. Bay by Deed dated June 3, 2004 and recorded in the aforesaid Clerk’s Office as Instrument Number 200402666.
There is excepted and reserved from this conveyance such of the coal, oil, gas, minerals, rights, privileges, etc., that have been heretofore sold or excepted from said property. This property is made subject to those additional superior liens, mechanics’ liens, restrictions, covenants, easements, rights of way, and conditions applicable to said real estate, if any there be, as contained in prior deeds properly of record.
Deposit of $2,500.00 cash or check drawn upon certified funds (no personal or cashier’s checks drawn upon uncertified funds accepted without prior Trustee approval) for the bid shall be required to qualify as a bidder before the sale, except from the Noteholder. Deposit, without interest, is applied to the purchase price at settlement. Settlement will be held on or before 15 days after the sale. The Trustee reserves the right to extend the date of settlement as may be necessary to complete arrangements for settlement. The Trustee also reserves the right to amend or supplement the terms of sale by verbal announcements during the sale, modify the requirements for bidders’ deposits, withdraw all or part of the property from the sale before the commencement of bidding, recess the sale, and conduct such other sales as the Trustee may determine in her discretion.
The balance of the purchase price shall be in cash or its equivalent. The property and any improvements thereon shall be sold in “AS IS, WHERE IS” condition without any warranties. The purchaser recognizes and agrees that any investigation, examination, or inspection of the Property is within the control of the owner or owners or other parties in possession and their agents and not within the control of the Trustee, the Noteholder, or their successors or assigns. The purchaser will be required to sign a Memorandum of Sale incorporating all the terms of the sale. Written notice has been sent to the owner(s) pursuant to Virginia law.
Joyce S. Kilgore
For information contact:
New Peoples Bank
P.O. Box 2500
Lebanon, VA 24266
OF PARCEL OF LAND
SITUATE AND BEING IN THE TOWN OF BIG STONE GAP IN WISE COUNTY
VIRGINIA, KNOWN AND DESIGNATED AS
LOT 95, PLAT 2,
In execution of a certain Deed of Trust dated August 5, 2011, and recorded in the Clerk's Office of the Circuit Court for Wise County, Virginia, as Instrument Number 201102070, default having been made in the payment of the debt therein secured, the undersigned substitute trustee will offer for sale at public auction all that certain tract or parcel of land, together with improvements thereon, situate and being in the Town of Big Stone Gap, Wise County, Virginia, known and designated as Lot Ninety-Five (95), as shown upon a certain plat of a part of the Town of Big Stone Gap, Wise County, Virginia, which said plat is marked and known as “Plat 2, Danberry Heights Subdivision”, located in Big Stone Gap, Virginia, and being more particularly bounded and described as follows, to-wit:
TAX ID NUMBER: 001131
Lot Ninety-five (95), as shown upon a certain plat of a part of the Town of Big Stone Gap, Wise County, Virginia, which said plat is marked and known as “Plat 2, Danberry Heights Subdivision, located in Big Stone Gap, Virginia, and showing lots 30 through 34, 69 through 81 and 94 through 103” dated February 12, 1973, which said plat is of record, along with the certificate of dedication therefore, in the Clerk’s Office of Wise County, Virginia, in Deed Book 452, Page 503, reference to which said plat is hereby specifically made for a further and fuller description of said lot or parcel of land.
SUBJECT to all such exceptions, reservations, restrictions, covenants and conditions contained in that certain instrument referred to as “Danberry Heights Sub-Division restrictions”, dated October 31, 1972, and of record in the Clerk’s Office of Wise County, Virginia, in Deed Book 448, page 481, reference to which is hereby specifically made for a full and complete enumeration of said exceptions, reservations, restrictions, covenants and conditions.
There is also EXCEPTED and RESERVED an easement for right-of-way in, under and over a strip of land ten (10) feet wide along and running with the eastern edge of said Lot 95 and adjacent to Lot 94 of said subdivision and an easement for right-of-way in, under and over a strip of land ten (10) feet wide and running with the western edge of said Lot 95 and adjacent to Lot 96 of said subdivision, for the purposes of installation, repair and maintenance of storm drainage, sewerage, water, electric power, telephone and other utility systems.
PLACE OF SALE:
Eastern front steps of Wise County Courthouse, Main Street, Wise, Virginia.
DATE OF SALE:
November 5, 2012
TIME OF SALE:
TERMS OF SALE:
Cash or certified funds on date of sale.
Sale will be made subject to such restrictions, conditions, reservations and easements as may lawfully affect the real estate, and subject to all 2012 real estate taxes. Conveyance of this property shall be by special warranty deed.
JEFFERY A. STURGILL
P.O. BOX 3458
944 NORTON ROAD
WISE, VIRGINIA 24293
Telephone: (276) 328-8600
NOTICE OF SUBSTITUTE TRUSTEE SALE
304 Boggs Avenue
Appalachia, VA, 24216
By virtue of the power and authority contained in a Deed of Trust dated April 1, 2005, and recorded at Instrument Number 200501463 in the Clerk’s Office for the Circuit Court for Wise, VA, securing a loan which was originally $50,000.00. The appointed SUBSTITUTE TRUSTEE, Commonwealth Trustees, LLC will offer for sale at public auction at at the Main Entrance of the Circuit Court for Wise County, Main Street, Wise, VA on
November 9, 2012
at 11:30 AM
improved real property, with an abbreviated legal description of Lot No. 10, in Block No. 1, and as more fully described in the aforesaid Deed of Trust.
TERMS OF SALE: The property will be sold “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND AND SUBJECT TO conditions, restrictions, reservations, easements, rights of way, and all other matters of record taking priority over the Deed of Trust to be announced at the time of sale. A deposit of $6,000.00, or 10% of the sale price, whichever is lower, in cash or cashier’s check payable to the SUBSTITUTE TRUSTEE will be required at the time of sale. The balance of the purchase price, with interest at the rate contained in the Deed of Trust Note from the date of sale to the date said funds are received in the office of the SUBSTITUTE TRUSTEE, will be due within fifteen (15) days of sale. In the event of default by the successful bidder, the entire deposit shall be forfeited and applied to the costs and expenses of sale and Trustee's fee. All other public charges or assessments, including real property taxes, water/sewer charges, ground rent, condo/HOA dues or assessments, whether incurred prior to or after the sale, and all other costs incident to settlement to be paid by the purchaser. In the event taxes, any other public charges or condo/HOA fees have been advanced, a credit will be due to the seller, to be adjusted from the date of sale at the time of settlement. Purchaser agrees to pay the Seller's attorneys at settlement, a fee of $295.00 for review of the settlement documents.
Additional terms will be announced at the time of sale and the successful bidder will be required to execute and deliver to the Substitute Trustees a memorandum or contract of the sale at the conclusion of bidding.
Rosenberg & Associates, LLC
(Attorney for Commonwealth Trustees, LLC)
7910 Woodmont Avenue, Suite 750
Bethesda, Maryland 20814
SURPLUS EQUIPMENT SALE
The Wise County Redevelopment & Housing Authority is accepting bids on the surplus equipment listed below. All equipment will be sold on an “AS IS” basis. Sealed Bids will be accepted until 2:00 PM Monday October 29, 2012 at which time a bid opening will occur at the WCRHA central office located at 107 Litchfield St. NW, Coeburn, VA 24230. All bids shall be clearly marked “Sealed Bid” indicating the specific equipment and mailed or hand delivered to the attention of the Executive Director prior to the opening of the bids.
Equipment can be viewed at any time prior to the bid opening by contacting the central office at 395-6104 or 679-1139, M-F 8:00 AM to 4:30 PM
Once a bid has been accepted payment must be made within 24 hours with either cash or cashiers check.
Wise County Redevelopment & Housing Authority reserves the right to reject any/all bids.
•2004 Chevrolet 4 door Impala/ police package/ 52,000 miles/ good condition
•2001 GMC 4x4 truck/ 105,095 miles/ poor condition
•60 gallon .3 HP Ingersoll Rand air compressor/230 volt/ good condition
•Meyer 7.5 ft. snow plow/ needs rebuilt
•Western 7.5 ft. snow plow/ needs rebuilt
•300 plastic window shutters 46 inch x15 inch color black (original color green)
•10 plastic window shutters 80 inch x 15 inch color black (original color green)
•John Deere Tractor 670 4x4 diesel/ (261) 60 inch mowing deck/ 5 ft. rear scraping blade/ 22 years old/ good condition
OF REAL ESTATE PRIVATE
located at 15 Second
Big Stone Gap, Virginia
In execution of the Deed of Trust from MICHAEL W. WILSON and NORMA J. WILSON, dated March 2, 2001, in the Original Principal Amount of $52,250.00, and recorded in Deed Book Inst. 200100681, Page 37, in the Clerk's Office of the Circuit Court for the County of Wise, Virginia, default having occurred in the payment of the indebtedness thereby secured and at the request of the holder of the Note, the undersigned, as Substitute Trustees, any one of whom may act, will sell at public auction at the Front Entrance of the Circuit Court for the County of Wise on October 26, 2012, at 9:00 a.m., the property described as Lots 7, 8, 9 and 10, Block 5, Century Land Company's Plat No. 1, County of Wise, Virginia, known as 15 Second Avenue West, Big Stone Gap, Virginia.
TERMS: CASH. PROPERTY SOLD AS IS AND WITHOUT WARRANTY OF TITLE. ADDITIONAL TERMS MAY BE ANNOUNCED AT TIME OF SALE. TIME IS OF THE ESSENCE.
A deposit of $ 4,000.00 or 10% of the successful bid amount (whichever is lower) will be required immediately of the successful bidder, IN CASH, CASHIER'S CHECK OR CERTIFIED FUNDS ONLY PAYABLE TO "CECIL G. MOORE, TRUSTEE", balance to be paid within fifteen days from the date of sale. ABSOLUTELY NO PERSONAL CHECKS ACCEPTED AS BIDDER'S DEPOSIT. Real estate taxes will be adjusted to the date of sale. All cost of conveyance, deed, examination of title, recording charges and the grantor's tax will be at the cost of the purchaser. All risks of casualty pass to the successful bidder. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED: September 28, 2012
CECIL G. MOORE,
and JO ANN HUTCHINSON, and G. BENNY MOORE
For Information Contact Trustees At:
710 Denbigh Boulevard
Newport News, Virginia 23608
(757) 877-0255 between 9:00 - 10:30 a.m. only
Notice is hereby given that a public sale will be held at 3:00 p.m. on October 19, 2012 at Miners Exchange Bank located at 483 Front Street in Coeburn, Virginia. Offered for sale to the highest bidder will be the following item(s):
1996 JEEP GRAND
TAHOE LT 4WD
Miners Exchange Bank reserves the right to bid at this sale. The terms of the sale are CASH. The Bank also reserves the right to adjourn or cancel the sale by announcement made at the date and time herein specified, without further advertising. The items offered for sale are available for inspection during regular business hours.
MINERS EXCHANGE BANK
By: Verlena Ray
IN THE CIRCUIT COURT FOR THE COUNTY OF WISE
SANDRA LYNN MULLINS,
CASE NO: CL11-059
DANIEL WAYNE MULLINS, SR,
SERVE: Daniel Wayne Mullins, Sr.
Comes now your Complainant, Sandra Lynn Mullins, by counsel, and respectfully represents as follows:
1. Sandra Lynn Mullins and Daniel Wayne Mullins, Sr. were lawfully married on April 30, 1999, in the Town of Lexington, State of North Carolina.
2. There were no children born of the parties.
3. Complainant and Defendant are domiciled in and have been a bona fide residents of the Commonwealth of Virginia for more than six months next preceding the commencement of this suit.
4. Complainant and Defendant are over the age of 18 years, are of sound mind, and neither of them is in the military service of the United States.
5. Complainant and Defendant last cohabited together in Wise County, Virginia.
6. The parties have lived separate and apart, continuously, uninterruptedly and without cohabitation for a period exceeding one year, namely since on or about OCTOBER 28, 2009.
7. Since the separation, the parties have not entered into a Separation Agreement and there are no property rights to be resolved.
8. The Complainant believes that reconciliation is highly improbable.
WHEREFORE, the Complainant prays that she be granted a divorce a vinculo matrimonii from the Defendant on the grounds of separation for the time period as prescribed by the Virginia Code; and for such further relief as to equity may seem meet and the nature of this case may require.
SANDRA LYNN MULLINS
SUE BAKER COX
P.O. Box 429
Wise, VA 24293
NOTICE OF SPECIAL
COMMISSIONERS SALE OF
332 OAK STREET
APPALACHIA, VIRGINIA 24216
Pursuant to a decree of the Circuit Court of Wise County, Virginia, made and entered on the 31st day of July, 2012, in the suit brought by Marilyn Withrow, et al., against Penny Mellon and others, I will on Monday, the 22nd day of October, 2012, at the front door of the courthouse of Wise County, Virginia, located at 206 E. Main Street, Wise, Virginia at 9:00 o’clock a.m. of that day, offer for sale to the highest bidder, the following described real estate:
All the following parcel of land located in Appalachia, Wise County, Virginia, and described as follows:
BEGINNING at an iron pin seventy two (72) feet, more or less, measured northwardly from and at right angles to a point in the centerline of the main track of the Corbin Division formerly the Cumberland Valley Division, of the railroad of the grantor at Valuation Station 5696+50, which point is two hundred sixty-eight (268) feet measured westwardly along said centerline of the main track from Mile Post 280 from Louisville, Kentucky, said iron pin being twenty nine (29) feet measured northwardly from and at right angles to a point in the centerline of a Southern Railway track; thence North 10 degrees East, a distance of sixty and four hundredth (60.04) feet to an iron pin in the south line of a twenty (20) foot alley; thence South 80 degrees East along the south line of said alley, a distance of three hundred fifty (350) feet to an iron pin; thence South 10 degrees West, a distance of fifty nine and fifty seven hundredths (59.57) feet to an iron pin, said iron pin being sixty-seven (67) feet, more or less, measured northwardly along a radial line from a point in said centerline of the main track at Valuation Station 5700+09+-, said pin also being eighteen (18) feet measured northwardly along a radial line from a point in said centerline Southern Railway track; thence North 80 degrees 04’30” West, a distance of three hundred fifty (350) feet to the point of beginning, containing forty-eight hundredths (0.48) acre, more or less.
BEING the same property conveyed to Imogene Davis, Rose Mary Lawson, Marilyn Withrow, Jimmy Boatright, Bobby Boatright and Penny Mellon by Deed of Gift dated March 21, 2005, and recorded in the Wise County Circuit Court Clerk’s Office as Instrument Number 200501149.
Terms of sale: 10% deposit at time of auction with the balance to be paid within 30 days. The sale shall be by Special Warranty Deed to the highest bidder and subject to approval of the Court.
For further information, apply to:
Leonard D. Rogers
P.O. Box 1097
Wise, VA 24293
Application for Bond Release
Under Chapter 19, Title 45.1
Code of Virginia
Publication Number 12RWH02
Paramont Coal Company Virginia, LLC is applying for bond release on Permit No. 1701869, located in Wise County, approximately 3.5 miles NE of Kent Junction, off Route 603 on Canepatch Creek. This permit consists of 73.24 acres which are bonded under the Virginia Coal Surface Mining Reclamation Fund (Pool Bond). As provided by 4VAC25-130.801.17 of the Virginia Coal Surface Mining Reclamation Regulations, the applicant is requesting that the total bond amount of $15,300 in the form of an insurance surety currently posted for this permit be released.
This bond release request is based on completion of the extended period of responsibility (5 full years) for successful revegetation and the following reclamation:
1. Backfilling, topsoiling, regrading, and revegetation of disturbed areas.
2. Reclamation completed May 2005.
3. Vegetative cover and post-mining land uses have been established.
4. The post-mining land uses of unmanaged forest and gas wells/pipelines have been successfully implemented.
Any person with a valid legal interest which might be adversely affected by this proposal; or an officer or head of any federal, state or local government agency or authority may within 30 days of October 12, 2012 submit written comments or objections concerning this bond release, and may also request, in writing, that the Division of Mined Land Reclamation hold a public hearing or an informal conference. A copy of materials concerning this request will be available for public inspection at the Division of Mined Land Reclamation's office in Big Stone Gap, Virginia.
All correspondence should be submitted to the Division of Mined Land Reclamation (Attention: Permit Section), P. O. Drawer 900, Big Stone Gap, Virginia, 24219. Telephone (276) 523-8202. Written comments and a request for informal conference may be e-mailed to the Division at DmlrPublicNotice@dmme.virginia.gov