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Do It Yourself Legal Products Bargain or Trap?

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The proliferation of online vendors offering legal documents and services for fixed fees is causing a real stir in the legal community. On the one hand there can be no question that the pricing of legal services puts personalized legal counsel out of reach for many people. On the other hand, most legal problems do not lend themselves to over-the-counter solutions.

The North Carolina State Bar Association tried to close down LegalZoom charging it with the unauthorized practice of law. A court order reversed the action. In the meantime, Rocket Lawyer, a competitor to LegalZoom, is teaming with the American Bar Association to offer legal advice to small businesses. The Virginia State Bar is carefully reviewing the situation in Virginia. … Continue Reading

Planning for Life Disclosure and Other Family Issues in Estate Planning

May 4, 2016 Amy and Dan Smith, Columns Comments Off on Planning for Life Disclosure and Other Family Issues in Estate Planning
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What do we tell the kids?

Questions of how much and what type of information to give the children often arise during consultation. The answers depend on the circumstances of each family – the ages and maturity of the children being the most obvious factors. As a general rule the ideal is to advise the children as to the extent and nature of the parents’ assets and plans. This can lead to a smoother transition to the next generation.

Issues of entitlement, sibling rivalry (where there is more than one child involved), and perceptions of fair-ness may naturally surface with regard to the parents’ estate. Feelings may be particularly acute where one child has provided more care and attention to a parent than the other children, as is often the case. … Continue Reading

How To “File and Suspend” Before It Is Too Late

April 6, 2016 Amy and Dan Smith, Columns Comments Off on How To “File and Suspend” Before It Is Too Late
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With the recent changes to Social Security rules, filing and suspending will soon be phased out, but there’s still time to take advantage of the strategy.

Here’s a quick guide to maneuvering this rule while it still lasts, but as always, you should work with your financial advisor to discuss further how you can use this and other strategies in your financial plan. … Continue Reading

There If (Or When) You Need It

March 2, 2016 Amy and Dan Smith, Columns Comments Off on There If (Or When) You Need It
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By Amy and Dan Smith

Long-term care is one of the biggest and often unexpected expenses in retirement. Thinking about funding a long-term care plan now can save you later.

It seems we don’t pay much attention to long-term care until it directly affects us. Sure, it may pop up on our radar when consoling a friend who’s bearing the weight-physically and financially – of a loved one’s care or through the trials and tribulations of funding an aging parent’s assisted living needs. However, there may come a time when you or your spouse could face these challenges and decisions.
Few Americans place long-term care needs high on a list of concerns. In fact, more than half don’t have a plan for when they’re unable to independently bathe, dress, eat or get around, according to the 2012 State of Planning Survey. … Continue Reading

Six Things to Know to Weather a Market Downturn

February 3, 2016 Amy and Dan Smith, Columns Comments Off on Six Things to Know to Weather a Market Downturn
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It’s natural to be nervous when the markets head for negative territory. Keep a positive perspective with these six investing reminders.
It can be very unsettling for investors when their portfolios and the markets start heading for the red and fear sets in that all you’ve worked for and set aside for retirement and other goals could be at risk. Here are six investing basics to keep in mind during volatile times:

Periods of volatility are normal – All markets move in cycles and periods of steep contraction are completely normal. While the length of market contractions varies, periods of growth and expansion are usually waiting on the other side. Since 1973, stocks have fallen more than 10 percent and subsequently rebounded eight times.

Don’t Panic – Letting emotions dictate your investing strategy is a risk you should not take. Short-term decisions can have long-term consequences on your portfolio. Being patient can pay dividends.

Know your portfolio – Understand your investments and how specific investments represent different goals and outcomes. Keep in mind your risk tolerance and investment timeline, and if either has changed, consider talking to your financial advisor about rebalancing your portfolio. Diversification can potentially help balance risk during a downturn and mitigate extreme swings in value.

Stay the Course – Remember your financial plan and long-term goals and stick to them. A disciplined investment approach is the best strategy for handling market downturns and will likely enable you to participate when the markets rebound.

Consider opportunities – Working with your financial advisor, determine whether periods of volatility are a good time to take advantage of investment opportunities in line with your long-term plan.

You’re not alone – Your financial advisor is available to help you when you need it. He or she can guide you through difficult markets and be the independent voice and “information bodyguard” that helps you stay focused on your long-term goals.

Investing involves risk and investors may incur a profit or a loss. Past performance may not be indicative of future results. Diversification does not ensure a profit or protect against a loss. The foregoing contains general information only and is not intended to convey investment advice. Amy V. Smith Wealth Management, LLC, an independent firm, CFP, CIMA, offers securities through Raymond James Financial Services, Inc., member FINRA/SIPC. Her office is located at 161 Fort Evans Road, NE, Suite 345, Leesburg, VA 20176. (703-669-5022, www.amysmithwealthmanagement.com) Dan Smith is not affiliated with Raymond James.

Amy and Dan Smith’s Planning for Life: When the Road To Success Leads Back Home

January 7, 2016 Amy and Dan Smith, Columns Comments Off on Amy and Dan Smith’s Planning for Life: When the Road To Success Leads Back Home
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Despite our best efforts, sometimes grown children aren’t quite ready to enter the real world.

The day our children move out of the house, graduate from college, or land their first full-time job isn’t always-or even often-the day they achieve independence. Life is full of twists and turns, and even young adults with the best laid plans can veer off course, turning to their parents for support when things get tough. One study, conducted by Arizona Pathways to Life Success, says that half of recent graduates ages 23 to 26 depend on their family’s financial support to meet their current needs. … Continue Reading

Amy and Dan Smith’s Planning for Life: Giving and Taxes

December 2, 2015 Amy and Dan Smith, Columns Comments Off on Amy and Dan Smith’s Planning for Life: Giving and Taxes
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There is a relationship among income, gift and estate tax which can appear complex. However, in reality most of gifts are not affected by taxes.

This column addresses non-charitable gifts. Unlike a gift to charity, a gift to a person is not deductible by the donor for income tax purposes. A gift to a person is not taxable income to that person.

There is a federal gift tax but (with the exception of Connecticut and Tennessee) states don’t impose gift taxes. Here’s how the federal gift tax works: A person may make as many gifts as he/she wishes each year so long as the total value of gifts to each person for the year is within the amount of the “annual exclusion.” The annual exclusion is subject to adjustment each year and is $14,000 for 2015 and 2016. So Dad can give up to $14,000 of gifts apiece to each child, grandchild and neighbor without having to file a gift tax return, no matter how many children, grandchildren and neighbors he has. Furthermore, Mom can do the same. In fact, if Dad wants to give up to $28,000 per donee and Mom doesn’t want to give anything, Dad can “borrow” Mom’s annual exclusion for that year. However, Dad will have to file a gift tax return which Mom will sign to show she is allowing him to use her annual exclusion. (To avoid that requirement gifts can be made from joint property, as with a joint bank account.) … Continue Reading

Amy and Dan Smith’s Planning for Life: Trusts

November 4, 2015 Amy and Dan Smith, Columns Comments Off on Amy and Dan Smith’s Planning for Life: Trusts
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A common estate planning device is the trust. A trust is simply an agreement between two people: the person who establishes the trust, who may be called the Settlor, the Grantor or the Trustor, and the person or institution who agrees to fulfill the terms of the trust, called the Trustee. There can be multiple Settlors, as, for example, a married couple; and there can be more than one Trustee. Quite often in estate planning the Settlor(s) and the Trustee(s) are the same person(s), as when a married couple creates a joint trust.

There are many different types of trust, too many to describe in the space of this article. In estate planning a “Revocable Living Trust” (RLT) is very common. This is a trust established during lifetime which the Settlor(s) can continue to change during lifetime. Usually the Settlor(s) and the Trustee(s) are the same person(s). … Continue Reading

How Divorce Affects Social Security Benefits

September 30, 2015 Amy and Dan Smith, Columns Comments Off on How Divorce Affects Social Security Benefits
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The 10-year rule and understanding your benefit options

When it comes to retirement income, Social Security typically accounts for the lion’s share, so it makes sense to understand how to maximize your benefits. As you may know, marital status is an important decision factor when it comes to timing benefits. But, did you know divorce also comes into play? Many people see divorce as a chance to start over, a clean slate, if you will. But just because your former spouse is out of the picture, doesn’t mean his or her Social Security benefits have to be, especially if he or she earns more money than you. In fact, your ex can actually mean extra when it comes to what you’re eligible to collect.

Here’s why. If you were married at least 10 years before your divorce, you may be eligible to receive Social Security benefits based on your ex-spouse’s record, assuming he or she is entitled to them. If your ex-spouse hasn’t applied for retirement benefits yet, you can still collect on his or her record if you’ve been divorced for at least two years. This holds true even if your former spouse has remarried. And, claiming benefits on his or her record has no effect on what a new spouse can claim. Of course, you have to qualify to do so. … Continue Reading

When To Take Social Security: Timing Is Everything

September 3, 2015 Amy and Dan Smith, Columns Comments Off on When To Take Social Security: Timing Is Everything
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As you approach retirement, there are several decisions that can impact the level of income you will receive when you stop working. One such decision will be about claiming your Social Security retirement benefit.

More than half of eligible Americans take their benefits “early”-after they reach 62, even though they are locking in a permanent reduction in their monthly payment by as much as 25 percent. Still, “early” makes sense for many if they have little in savings and simply need the money. However, many do it because they can, without realizing they are giving up progressively higher payments each year they wait to claim, potentially losing as much as 32 percent than if they had waited to age 70. Surveys have shown that nearly 40 percent in this camp actually regret their decision to claim “early” once they realize how much they have given up in lifetime income. For some couples, this could translate into hundreds of thousands of dollars for not adopting a “wait to take” strategy. … Continue Reading

A Social Security Strategy Could Enhance Your Retirement Income Plan

August 7, 2015 Amy and Dan Smith Comments Off on A Social Security Strategy Could Enhance Your Retirement Income Plan
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By Amy & Dan Smith

What do you think of when someone mentions Social Security? Many people consider Social Security and retirement as one and the same. More than 90 percent of working Americans plan for Social Security to replace part of their current incomes when they leave the workforce. Sadly, what really happens is that, because of timing decisions, 75 percent of those already receiving benefits are drawing a reduced amount.*

Your benefits can be greatly affected by your specific circumstances during retirement. Your monthly payment amounts as well as your tax status can change if you decide to work part time or start a second career. There is also your and your spouse’s beneficiary eligibility to consider. … Continue Reading

The Marital Agreement

July 2, 2015 Amy and Dan Smith, Columns Comments Off on The Marital Agreement
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– By Amy & Dan Smith

In Virginia, as in most states, a marital agreement can be entered into before or after marriage. It can cover a variety of topics but commonly addresses issues pertaining to the disposition of property upon separation, divorce or death of the parties, including spousal support. The agreement and any amendment thereto must be in writing and signed by both parties. Commonly, lawyers will require a list of assets and liabilities of the parties as an attachment to ensure that the agreement has been entered into with full disclosure. Each of the couple should have his/her own lawyer to avoid conflict of interest.

There is understandably a resistance to the idea of a marital agreement. To say the least, it would likely steal some joy after the marriage proposal for one to suggest to his/her betrothed that, while intending to live happily ever after, they should discuss terms of divorce. However, there is a place for the marital agreement even if divorce is not considered an option for the couple. It is important, especially with second marriages and blended families, that the rights and obligations of the parties upon death be addressed, even if separation and divorce are not included in the agreement.

Each state has statutes giving rights to a surviving spouse to elect a portion of the estate of his/her deceased spouse and to override provisions in a will. Such an election can disrupt a well-considered estate plan intended to benefit the children of the decedent. A marital agreement can specify the rights of the surviving spouse in the estate of the deceased spouse in return for a waiver of the statutory right of election. It can also contain provisions concerning who may serve as agent under a power of attorney and medical directive and as executor of the decedent’s estate. These can be very divisive issues in blended families.

Often, parents want to preserve within their bloodline the inheritance that they intend to leave to their child. They may insist that their son or daughter enter into a marital agreement as a condition to marriage in order to be sure that “grandma’s silverware” doesn’t eventually end up with the son/daughter-in-law either through death or divorce. If a marital agreement is not possible, an alternative is for the parents to leave the inheritance in a trust for the child. Properly structured, the trust could provide the benefit of the assets to the child (and grandchildren) while withholding ownership so that the assets are not available to the son-in-law or daughter-in-law in case of divorce or death.

As uncomfortable as the topic of a marital agreement may be, the fact is that a discussion of sensitive topics before marriage can be a very healthy exercise. Attitudes may be revealed which had hitherto not been apparent in the bliss of infatuation, and thorny issues can be resolved before they are allowed to disrupt family harmony.

Children of a blended family are often comforted to know that issues pertaining to their potential inheritances have been addressed and are being protected by their parent. Sharing the existence of – and in many cases the details of – a martial agreement with children can help to dispel distrust of the stepparent.

The foregoing article contains general legal information only and is not intended to convey legal advice. For legal advice regarding estate planning, the reader should contact his/her lawyer. The foregoing contains general information only and is not intended to convey investment advice. Amy V. Smith Wealth Management, LLC, an independent firm, CFP®, CIMA offers securities through Raymond James Financial Services, Inc., member FINRA/SIPC. Her office is located at 161 Fort Evans Road, NE, Suite 345, Leesburg, VA 20176. (Tel.703-669-5022, www.amysmithwealthmanagement.com) Dan Smith is not affiliated with Raymond James. Past performance may not be indicative of future results.

Challenges for Blended Families

June 3, 2015 Amy and Dan Smith, Columns Comments Off on Challenges for Blended Families
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By Amy & Dan Smith

The blended family has become more the norm than the exception in our society. As with most second marriages, Amy and I came into our marriage with our own children, our own careers and our own estates. We have experienced the challenges of the blended family.
Typically, a parent in a second marriage has conflicting loyalties. There is the desire to provide for the well being of the second spouse while, often at the same time, there is a felt duty to preserve some part of the estate (especially, of that acquired before the second marriage) for his/her children of the first marriage. This conflict can be especially acute if there is a significant age difference between the spouses. Thus, the older spouse could provide a trust for the life of his/her spouse, but this could delay significantly the benefit to the children of the first marriage by many years. … Continue Reading


 

 

 

 

 

 

 

Columns

Human Fingerprints on Climate Change

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Presented to the Loudoun County Board of Supervisors – June 23, 2016 Recently I was asked whether humanity’s fossil fuel use was the cause of the current global warming. This is a good question and I’m not surprised that there …

Ice house, Hot House and Mad House

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Recently, I was asked: “I know we are putting carbon dioxide into the atmosphere and scientists say that will warm the planet but there were also ice ages and warmer climates in the past before humans so what caused those …

Sugar Crash

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Sugar runs inside our body and fuels our very being. In biology they teach us that sugar is really glucose which is broken down in the body to produce ATP (adenine tri-phosphate). So why bring this up? Well, sugar is …

The Art of Memory

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By Samuel Moore-Sobel Still Alice. A movie that not only elicits tears, but naturally incurs reflection. This heartrending movie was the starting point of a personal wrestling with the implications of human memory. Remembering can bring us back to a …

Living in Debt

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Dr. Mike, My husband has issues with money that are hurting our relationship and family. He makes a lot of money, but he spends more than he makes and we are in debt. He can’t just have a luxury car, …

June in the Garden

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Conserve Water, Beat the Heat and Keep Things Blooming By Andrea Gaines It’s getting hot out there. And, there’s nothing more discouraging for a gardener that to come home after a weekend away – or miss a regular watering schedule …

Editorial

Grief and Greed

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By Matthew Parse What would drive a single individual to cause so much emotional stress and financial burden on hundreds, if not, thousands of families? What would drive the Town …

Op-ed

Oh No, It’s the Christians!

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By Nicholas Reid In the hours and days following every massacre perpetrated by radical Muslims, there is one unifying theme across most news coverage of the massacre, wherever it may …

Dear Editor

Thank You

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It is with great anticipation that I look forward to Monday, June 27, 2016. On that day new Purcellville Town Council members will be sworn into office, at Town Hall. …

View From the Ridge

An Open Letter to the Citizens of Purcellville

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Mark Your Calendar, They’ve Asked for Our Input So Let’s Give It To Them By Steady and Nobull The Purcellville Planning Commission has tentatively scheduled a series of public input …

Student News

Four Scouts Achieve Eagle Scout Rank

3 Feb 2016

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Joel Gicker, Kyle Siecker, Sam Soltis and David Watson achieved the rank of Eagle Scout at a Court of Honor conducted at Blue Ridge Bible Church in Purcellville on January 9. The four Eagles are members of Troop 711 of …

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8th Grade Writers Honored At Blue Ridge Middle School

2 Jul 2015

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Sixty-seven Blue Ridge Middle School eighth graders have been honored for their writing during the 2014-2015 school year. Many students had their writing selected for publication by Creative Communication, a program for student writers, while others won county-wide writing contests. …

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Ben Kellogg Achieves Eagle Scout

1 Jul 2015

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Benjamin Robert Kellogg achieved the rank of Eagle Scout at a Court of Honor conducted at St. Andrew’s Presbyterian Church in Purcellville on March 29. Friends, family and troop leaders attended the celebration, including his parents, Robert and Deirdre Kellogg. …

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Calendar

June 2016
M T W T F S S
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Sea & Sky – an exhibit by copper artist Anne Jordan and mixed media artist Karen Watson

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Sea & Sky – an exhibit by copper artist Anne Jordan and mixed media artist Karen Watson

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

Free Gardening Lecture

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

Yard Sale

Notaviva Vineyards - Bluegrass Jam - FREE event

PAUL REISLER TRIO WITH LEA MORRIS AND MARSHALL KEYS

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

19th Annual Cajun Festival & Crawfish Boil

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

Goats at BRNP

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

Bring Dad to North Gate Vineyard

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

June Fourth Friday at Breaux Vineyards

Love, He Called It

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

Love, He Called It

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

Sip & Paint at Breaux Vineyards

Love, He Called It

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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It’s a Beach Thing . . . featuring lamp-work glass artist Julie Bahun and abstract painter Karen Hutchison

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Dancing Through Color

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Dancing Through Color

Notaviva Vineyards - Bluegrass Jam - FREE event

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Dancing Through Color

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Lifestyle

Rummage Sale Trailers Open July 9

27 Jun 2016

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78th Annual Ladies Board Rummage Sale Ready For Donations The Ladies Board of Inova Loudoun Hospital is officially accepting donations for the annual Rummage Sale. The first Donation Day of the summer will be on Saturday, July 9 from 9:00 a.m. to 1:00 p.m. at Inova Loudoun Hospital, 44045 Riverside Parkway, Leesburg, and at Inova Loudoun Medical Campus – Leesburg, …

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Troy and Paula Haag Perform at Old Stone School

9 Jun 2016

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Troy and Paula Haag, will appear on The Gap Stage at the Old Stone School on Saturday, June 18. Tickets are $15 in advance and $20 at the door. Dinner will be sold by Big Mike’s BBQ, drinks will be sold by the glass, and there will be desserts at intermission. Troy and Paula will be joined by Max Haag …

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Here’s To the Colorists, Manicurists and Blow Dry Mavens… Thanks for Listening!

1 Jun 2016

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Sunday, June 26 is Beauticians Day, celebrating the cosmetology and other experts who keep us looking and feeling our best – whether it’s with a haircut and style, a facial, a manicure, or just some quiet and light conversation.

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Around Virginia

HUD Awards $2 Million in Housing Counseling Grants To Virginia

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Sens. Mark R. Warner and Tim Kaine (both D-VA) announced today that Catholic Charities USA, headquartered in Alexandria, will receive $951,150 in federal funding, and the Virginia Housing Development Authority, located in Richmond, will receive $1,040,918. This nearly $2 million grant by the Department of Housing and Urban Development (HUD) …

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Four Hop, Skip and a Jump Local Destinations

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Last month we encouraged our readers to consider visiting any one of five great destinations within just a stone’s throw of Loudoun’s history-lined borders – Berryville and Harper’s Ferry among them. This month we feature four destinations – two right here in our much-celebrated county, and two just over the …

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Out and About Loudoun and Beyond

The Plains’ charming restaurants, shops and sidewalks.

Five Stone’s Throw Spring and Summer Destinations By Andrea Gaines Bordered by the Potomac River to the north and beautiful mountains to the west – and with easy access to Rt. 95, the Dulles Toll Road and Route 66 – Loudouners have no short list of fun spring places to …

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Sports

The Lady Vikings Earned Back-to Back Conference Title

1 Jun 2016

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The Lady Vikings earned the back-to back conference title with a 4-1 win over Heritage in late May. The team earned a first round playoff bye finishing first in the conference and then went on to defeat Rock Ridge 12-0 in the conference semi-finals. The Lady Vikings ended their regular …

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Big Baseball Coming To Fireman’s Field

1 Jun 2016

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Got Your Father’s Day Gift Lined Up Yet? The Purcellville Cannons’ Brett Fuller couldn’t be happier. He’s the owner of one of the most popular teams in the Valley Baseball League. The team, up until recently was called the Charles Town Cannons but now calls Purcellville its home.

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