NOTICE OF ANCILLARY FILING
WITHOUT ANY ADMINISTRATION
TO CREDITORS, DISTRIBUTEES AND LEGATEES
Notice is hereby given that the following foreign will or affidavit of heirs has been filed in the Pocahontas County Clerk’s Office at P. O. Box 209, 900 Tenth Avenue, Suite C., Marlinton, WV 24954-0209, and no appointment or administration is being made pursuant to the provisions of West Virginia Code 44-1-14b.
An interested person(s) objecting to the filing of the foreign will or affidavit or objecting to the absence of appointment or administration being made in this state must file a statement with the Pocahontas County Commission through the County Clerk’s Office at the address listed above within 60 days after the date of first publication or 30 days of service of the notice, whichever is later.
If an objection is not timely filed, the objection is forever barred. The Pocahontas County Commission upon receiving any timely objection thereto shall schedule a hearing or hearings thereon and order relief, if any, it considers proper including, but not limited to, an order directing that full and complete ancillary administration of the estate of the non resident decedent be made in this state.
First Publication Date: Thursday, September 8, 2022
ESTATE NAME: KAREN MARY GIBSON
5505 Coliss Avenue
Virginia Beach, VA 23462-1701
Subscribed and sworn to before me on August 30, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
9/8/1c
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, September 1, 2022
Claim Deadline: Monday, October 31, 2022
ESTATE NUMBER: 14429
APPOINTMENT DATE: August 24, 2022
ESTATE NAME: TIMOTHY E. PUCCETTI
ANCILLIARY ADMINISTRATOR: Michael C. Doss
921 10th Avenue
Marlinton, WV 24954 -1317
Subscribed and sworn to before me on August 24, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
9/1/2c
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, September 1, 2022
Claim Deadline: Monday, October 31, 2022
ESTATE NUMBER: 14406
ESTATE OF: NORMAN EDWARD WALKER
ADMINISTRATRIX: Tracey Lynn Walker
310 Puffenbarger Road
Hillsboro, WV 24946-8734
ESTATE NUMBER: 14418
ESTATE OF: ROBERT C. WARREN
EXECUTOR: Daniel Warren
109 Porpoise Street
Moyock, NC 27958
Subscribed and sworn to before me on August 26, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
9/1/2c
TRUSTEES’ SALE OF VALUABLE REAL ESTATE
15 Bright St F/K/A 15 Kinnison Street, Hillsboro, WV 24946
In a Deed of Trust dated December 23, 2003, and duly recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed of Trust Book 0237, at page 0127 Bernice F Lucabaugh and Brent A Lucabaugh did convey unto DAN L. WITHERS, 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:
November 4, 2022
at 12:00 P.M.
The property for sale as described by the Deed of Trust is as follows:
ALL OF THAT CERTAIN TRACT OR PARCEL OF REAL ESTATE, SITUATE IN THE TOWN OF HILLSBORO, IN LITTLE LEVELS DISTRICT, POCAHONTAS COUNTY, WEST VIRGINIA, AND CONTAINING 17,300 SQUARE FEET, MORE OR LESS, WHICH PARCEL OF LAND IS DESCRIBED BY THE FOLLOWING METES AND CALLS, TO-WIT:
BEGINNING AT PIPE STAKE AT FENCE POST CORNER TO AND WITH CLIFORD BROWN LOT. N 47-15 W 161.5 FEET TO A PIPE STAKE AT THE KIRK LINE, LEAVING BROWN AND WITH KIRK, S 49-00 W 100 FEET TO A PIPE STAKE, LEAVING KIRK S 47-15 E 184 FEET TO POINT AT EDGE OF STREET AND WITH STREET N 36-00 E 100 FEET TO PLACE OF BEGINNING.
AND BEING THE SAME TRACT OR PARCEL OF REAL ESTATE AS ACQUIRED BY BERNICE F. LUCABAUGH AND BRENT LUCABAUGH BY THE PROVISIONS OF A DEED OF CONVEYANCE FROM BERNICE F. LUCABAUGH, SAID DEED BEARING DATE THE 23RD DAY OF DECEMBER, 2003, AND TO BE RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF POCAHONTAS COUNTY, WEST VIRGINIA, IMMEDIATELY PRIOR TO 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 $3,000.00 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, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” 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
9/8/2c
