NOTICE OF
ADMINISTRATION TO CREDITORS,
DISTRIBUTEES & LEGATEES
Notice is hereby given that the following estate(s) have been opened for probate in the Pocahontas County Clerk’s Office at P. O. Box 209, 900 Tenth Avenue, Suite C, Marlinton, WV 24954-1333. 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 Pocahontas 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 and 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: Thursday, November 25, 2021
Claim Deadline: Monday, January 24, 2022
ESTATE NUMBER: 14276
ESTATE OF: MARTHA MARIE BIGGS
ADMINISTRATRIX: Rachel Virginia Pritt
1683 Old Buckeye Road
Buckeye, WV 24924-9076
ESTATE NUMBER: 14316
ESTATE OF: CAROLINE M. IRVINE
EXECUTRIX: Mary Kathryn Clendenen
613 Smith Street Addition
Marlinton, WV 24954-1484
ESTATE NUMBER: 14320
ESTATE OF: BETTY J. DOSS
EXECUTRIX: Cheryl L. Burks
P. O. Box 226
Hillsboro, WV. 24946-0226
ESTATE NUMBER: 14321
ESTATE OF: MARILYN ANN LESTER
EXECUTRIX: Brenda K. Lester
8003 James Russell Road
Manassas, VA 20112-4615
ESTATE NUMBER: 14322
ESTATE OF: BERNARD K. CARPENTER
EXECUTRIX: Norma J. Carpenter
1642 Brownsburg Road
Marlinton, WV 24954-6568
ESTATE NUMBER: 14323
ESTATE OF: TOMMY RAY CORBETT
EXECUTRIX: Joyce Marie Corbett
1859 Warrior Way
Dunmore, WV 24934-9041
ESTATE NUMBER: 14324
ESTATE OF: CLYDE RAY RUDD
EXECUTOR: Matthew Long
415 Parkdale Drive Apr. 19E
Charleston, SC 29414
ESTATE NUMBER: 14325
ESTATE OF: ANDREW WARRICK TAYLOR, JR.
EXECUTRIX: Roberta Lee Fultz
1525 Old Renick Valley Road
Renick, WV 24966 -9677
Subscribed and sworn to before me on Novmeber 19, 2021.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
11/25/2c
TRUSTEES’ SALE OF VALUABLE REAL ESTATE
HC 61 Box 220, Cass, WV 24927
In a Deed of Trust dated March 19, 2013, and duly recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed of Trust Book 345, at page 166, Benjamin Tallman and Kelli Marie Tallman did convey unto Michael C. Doss, Attorney at Law, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Pocahontas County Courthouse, 900-C Tenth Avenue, Marlinton, West Virginia 24954 on: January 20, 2022 at 12:30 p.m.
The property for sale as described by the Deed of Trust is as follows:
All that certain lot or parcel of real estate, described as Lot 16, in Block 1, of the Burner Addition, situate in the Town of Cass in the Green Bank District of Pocahontas County, West Virginia.
And being the same lot or parcel of real estate as acquired by Kelli Marie Tallman and Benjamin Tallman, by the provision of a Deed of Conveyance from Michael Odell Slaven and Rosalie Slaven, said deed bearing date the 19th day of March, 2013, and to be placed of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, immediately prior to the recordation of this deed of trust.
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Pocahontas County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $5,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127, (443) 815-3931
www.sterneisenberg.com
11/25/2c
ORDINANCE NUMBER 1.23
ORDINANCE PERTAINING TO THE USE OF FIREWORKS
IN THE TOWN LIMITS OF DURBIN, WEST VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF DURBIN
SECTION 1
It shall be unlawful for the use of any mortars and/or bottle rockets in the corporate limits of the Town of Durbin, West Virginia. The exception will be during the Durbin Days Heritage Festival (DDHF). The fireworks display shall be approved by the appropriate agencies. These agencies being the BFD Fire Chief, the Sheriff of Pocahontas County, and the West Virginia State Fire Marshal. These fireworks can only be set off at the Durbin Town Park down by the lagoon at the end of Meadow Lane.
SECTION 2
The use of firecrackers, sparklers, and similar fireworks may only be used on the Fourth of July to celebrate America’s Birthday and New Year’s Eve.
SECTION 3
Any form of fireworks, fire crackers, and/or mortars are prohibited for use after 11 p.m. no matter what the occasion.
SECTION 4
Any violations to the above sections shall carry a fine of not less than one hundred dollars ($ 100.00) and not more than five hundred dollars ($500.00) depending on the severity of the offense.
SECTION 5
The West Virginia State Police and the Pocahontas County Sheriff’s Department have the authority to enforce this ordinance.
PROVISIONS OF THE ORDINANCE ARE SUBJECT TO CHANGE UPON APPROVAL AND PROPER PROCEDURES OF THE DURBIN TOWN COUNCIL.
First Reading: November 2, 2021
Second Reading: November 9, 2021
Shereen Baily, Mayor, Town of Durbin
John Osborne, Recorder
11/18/2c
ORDINANCE NUMBER 1:21
An ordinance providing principles
of the Anti-Littering Ordinance
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF DURBIN
SECTION 1
Definitions: For the purposes of this ordinance, each of the following terms, phrases, words, and their derivations shall have the meaning given herein. The word “shall” is always mandatory and not merely directory.
a) “Litter” means all waste material including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, paper, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof, or any other offensive or unsightly matter, but not including the wastes of primary processes of mining, logging, sawmilling, farming or manufacturing.
b) “Litter receptacle” means those containers suitable for the depositing of litter at each respective public area designated by the director’s regulations promulgated pursuant to subdivision eight, subsection (a), section twenty-five of this article.
c) “Public area” means an area within Durbin, including public road and highway rights-of-way, parks and recreation areas owned or controlled by this state or any county thereof, or an area held open for unrestricted access by the general public.
SECTION 2
Any person who places, deposits, dumps, or throws or causes to be placed, deposited, dumped or thrown away litter as defined in this ordinance, in or upon any public or private highway, road, street, alley, or upon any public park or other public property other than such place as may be set aside for such purpose by the governing body shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).
SECTION 3
If any litter is thrown from a motor vehicle, such action is prima facie evidence that the driver of such vehicle intended to violate the provisions of this section. Ticket could be posed to the person violating this section by a police officer and will attend court in a magistrate court.
SECTION 4
All properties in the Town of Durbin shall be kept free of garbage, trash, debris, etc. and will be kept neat in appearance at all times.
SECTION 5
The Town of Durbin will give a warning to the person that violates any part of this ordinance. If the offense is not corrected in a timely manner or happens a second time, a fifty dollar ($50) fine will be imposed. A seventy-five dollar ($75) fee will be imposed for a third offense. A fourth offense will cost one hundred dollars ($100). In the event the landowner fails to comply with the council’s decision to clean up property, within the given time allowance, the Town of Durbin could clean it up and charge the expense incurred to the property owner.
PROVISIONS OF THE ORDINANCE ARE SUBJECT TO CHANGE UPON APPROVAL AND PROPER PROCEDURES OF THE DURBIN TOWN COUNCIL.
First Reading: November 2, 2021
Second Reading: November 9, 2021
Shereen Baily, Mayor, Town of Durbin
John Osborne, Recorder
11/18/2c
NOTICE CONCERNING REQUESTS FOR DONATIONS
The Pocahontas County Commission has set aside December 7, 2021, for discussion and/or action of contribution requests for individuals, groups and organizations. Letters or other correspondence may be addressed to our office at 900 Tenth Avenue, Marlinton, West Virginia 24954. Guidelines for contributions for fiscal year 2021-2022 are listed below.
The Pocahontas County Commission will have four (4) funding request meetings per year, one meeting per quarter. To be considered for contribution requests:
All groups, organizations or entities must have representative available at County Commission meeting at time of the initial presentation; no exceptions will be made;
All groups, organizations or entities must show proof (i.e., copy) of its Internal Revenue Service (IRS) issued 501(c) or other non-profit status, or in the case of a public entity (i.e., school board or town), a verified statement of public purpose behind the request; the information requested in this section must be made available to the Commission upon the initial presentation, noting that if any of the documentation is missing the request will not be considered by the Commission;
All individuals, groups, organizations or entities seeking contributions must possess a valid copy of the Internal Revenue Service (IRS) issued 501(c) or other non-profit documentation matching the exact name of the group, organization or entity, except in the case of a public entity (i.e., school board or town) or a request of $500.00 or less (see No. 7 below); no other exceptions will be made;
All requests must contain itemized budget and a financial statement from group, organization or entity at time of initial request, or if request is from a public entity (i.e., school board or town) such budget and financial documents must be presented for the specific project; the information requested in this section must be made available to the Commission upon the initial presentation, noting that if any of the documentation is missing the request will not be considered by the Commission;
Only one request per fiscal year from each group, organization or entity will be considered and such request may only be presented no sooner than the one (1) year anniversary of any prior request, and will be determined by the named payee on previously issued checks; no exceptions will be made;
No requests will be approved for any group, organization or entity in an amount over and above $5,000.00 per fiscal year;
Any group, organization or entity requesting a contribution from the Commission in an amount of $500.00 or less per fiscal year shall be exempt from providing documentation regarding its 501(c) or other non-profit status; however, all requests must contain itemized budget and a financial statement; the information requested in this section must be made available to the Commission upon the initial presentation, noting that if any of the documentation is missing the request will not be considered by the Commission.
Any group, organization or entity which receives a contribution and/or funding from the Pocahontas County Commission must file at the end of the State’s fiscal year, a report of all disbursements of the funds. Such report of disbursements must be in the form of an audit performed by an independent certified public accountant or, in lieu thereof, by submission of a statement sworn, under oath, by the highest officer or authority of the recipient, group, organization or entity. For purposes of this paragraph the State’s fiscal year runs from July 1st to June 30th.
Walt Helmick, President
Pocahontas County Commission
11/25/2c