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 900 Tenth Avenue Suite C; P. O. Box 209, Marlinton, WV 24954-0209.
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 nonresident decedent be made in this state.
First Publication Date: Thursday, August 10, 2023
ESTATE NAME: DONNA FAYE HIGH
ANCILLARY ADMINISTRATRIX: CTA:
Rita Jeanene Norton
4505 US HWY 1175
Burgaw, NC 28425
Subcribed and sworn to before me on August 2, 2023.
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 24954-0209. 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 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 claims against an estate must be filed within 60 days of the first publication of this notice 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, August 3, 2023
Claim Deadline: Monday, October 2, 2023
ESTATE NUMBER: 14525
ESTATE OF: BILL OWENS, JR.
ADMINISTRATRIX: Pam Owens
20 Conklin Hill Road
Pleasant Valley, NY 12569-7724
ESTATE OF: SHARON LEE KELLEY
EXECUTRIX: Teresa Ann Westfall
7811 Seneca Trail
Hillsboro, WV 24946-8820
ESTATE NUMBER: 14548
ESTATE OF: RICHARD DALE CARPENTER
ADMINISTRATRIX: Charlotte L. Carpenter
1524 Willie Mullenax Road
Arbovale, WV 24915-5458
Subscribed and sworn to before me on July 28, 2023.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
ORDER OF PUBLICATION
IN THE FAMILY COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
TERESA ANN JOHNSON, Petitioner
vs Civil Action No. 23-D-40
WALLACE EUGENE JOHNSON, Respondent
THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE
To the Above Named Respondent: WALLACE EUGENE JOHNSON
It appearing by affidavit filed in this action that the address of WALLACE EUGENE JOHNSON is unknown.
The Court orders the parties to appear on the 12th day of September, 2023, at 12:30 p.m. at the location of Family Court, 818 10th Avenue, Marlinton, WV, where a hearing will be held on the Petition for Divorce, at which time you may appear to protect your interests.
A copy of said Petition can be obtained from the undersigned Clerk at her office.
Entered by the Clerk of said Court August 7, 2023.
Connie M. Carr
Circuit Clerk of Pocahontas County
NOTICE OF SALE
UNDER DEED OF TRUST
Notice is hereby given that, under authority of a certain deed of trust hereinafter described, the undersigned Substitute Trustee will, at the front door of the Pocahontas County Courthouse, in Marlinton, West Virginia, on Wednesday, September 13, 2023, at 11:00 a.m., offer for sale certain property described in that certain deed of trust executed by TREVE PAINTER and ELIZABETH PAINTER to Michael C. Doss, as Trustee, which deed of trust is dated the 12th day of February, 2007, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Trust Deed Book 294, at Page 698; and given to secure Mountain Valley Bank, the payment of a note therein described.
By Substitution of Trustee dated July 10, 2023, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Trust Deed Book 415, at Page 377, Jennifer L. Morgan was appointed Substitute Trustee.
The premises subject to the above-described deed of trust, which premises will be sold at the above stated public auction are those two certain lots, tracts or parcels of real estate, including the improvements, appurtenances and easements thereunto belonging, situate in the Edray District, Pocahontas County, West Virginia, being 3 miles northwest of the intersection of US Route 219 and Stare Route 66, which said lots being known as Tract #3 and Tract #2 of Slatyfork Village, Birch Bend Section, and being more particularly described as follows:
BEGINNING at a point in the centerline of a 40.00 ft. wide right-of-way, in a line of Tract 2, thence with said centerline for four lines
N 20-03-06 W 211.79 ft. to a point, thence
N 34-44-02 W 83.44 ft. to a point, thence
N 68-29-53 W 66.60 ft. to a point, thence
N 77-53-05 W 37.14 ft. to a point in a drain, corner
to Birch Bend Tract 7, thence leaving said right-of-way and up said drain with Tract 7 for four lines
N 38-46-17 E crossing a set steel rod at 25.37 ft. continuing in all 129.43 ft. to a point thence
N 2-19-13 E 65.42 ft. to a point, thence
N 47-37-28 E 96.73 ft. to a point, thence
N 17-24-36 E crossing a set steel rod at 103.95 ft. continuing in all 129.32 ft. to a point in the centerline of a 40.00 ft. wide right-of-way and in a line of Birch Bend Tract 4, thence with said centerline and Tract 4 for two lines
S 30-23-55 E 166.07 ft. to a point, thence
S 2-51-02 E 108.38 ft. to a point, corner to Tract 4, thence leaving said right-of-way and with Tract 4 for one line
N 86-16-53 E crossing a set steel rod at 20.00 ft. continuing in all 248.33 ft. to a set steel rod, corner to Hawthorne Ridge Section Tract 2, thence with said Tract 2 for one line S 7-58-47 E 361.51 ft. to a set steel rod, corner to Birch Bend Section Tract 2, thence with said Tract 2 for one line
S 80-25-33 W 367.96 ft. to the beginning and containing 4.50 acres as surveyed by James T. Carr P.S. #920 in April 2000, as shown on a plat of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 266, at page 503.
BEGINNING at a found steel rod on the northern bounds of a 40.00 ft. right-of-way, corner to Birch Bend Section Tract 1, thence crossing said right-of-way
N 37-02-03 W 321.17 ft. to a point on the bounds of the old railroad right-of-way, thence with said bounds for two lines
N 30-23-23 W 78.04 ft. to a point, thence
N 22-56-21 W 126.74 ft. to a point, corner to Birch Bend Tract 3, set a steel rod, thence leaving said old railroad right-of-way and with Tract 3 for one line
N 80-25-33 E recrossing said 40.00 ft. wide right-of-way 421.80 ft. to a set steel rod, corner to Hawthorne Ridge Section Tract 2, thence with said tract for two lines
S 7-58-47 E 113.17 ft. to a set steel rod, thence
N 75-26-54 E 140.00 ft. to a found steel rod, corner to Locust Hill Section Tract 30, thence with said tract for one line
S 8-33-12 E 199 .40 ft. to a found steel rod, corner to Birch Bend Tract 1, thence with said tract for three lines
S 70-58-46 W 280.02 ft. to a set steel rod at a spring, thence
S 7-04-20 W 71.23 ft. to a set steel rod, thence
S 28-28-24 W 85.29 ft. to the beginning, containing 3.74 acres as surveyed by James T. Carr P.S. #920 in April 2000, as shown on a plat of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 266, at page 507.
And being the same lots, tracts or parcels of real estate as acquired by the Grantors by the provisions of a Deed of Conveyance from Mark J. Richards, said Deed bearing date the 11th day of October, 2005, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 298, at page 384.
This conveyance is made subject to any and all reservations, restrictions, exceptions, rights-of-way and easements as set forth in prior instruments of record in the chain of title to said real estate.
The above-described property will be sold subject to all reservations, restrictions, exceptions and conditions contained in all prior deeds conveying said real estate except those pertaining to race, color or creed, and subject to all unpaid levies and assessments including real estate taxes.
TERMS OF SALE: Cash in hand on day of sale, or ten percent (10% down), or approved line of credit with closing to occur within thirty (30) days. Purchaser accepts subject real estate “AS IS”.
The undersigned Substitute Trustee reserves the right to reject any and all bids received, and to continue said sale from time to time, upon announcement thereof given verbally, on day of sale and any continuance thereof.
Dated this 27th day of July, 2023.
Jennifer L. Morgan, Substitute Trustee
Busch, Zurbuch & Thompson, PLLC
P.O. Box 1819
Elkins, WV 26241
WIC Public Hearing Notice
The West Virginia Department of Health and Human Resources, Bureau for Public Health, Office of Nutrition Services, Women, Infants and Children’s (WIC) Program is seeking public comment on its 2024 State Plan, in accordance with Federal Regulations 246.4 (23) (b). The plan outlines the program’s goals, priorities and objectives for the upcoming fiscal year.
A public hearing will be held to receive public comment on the plan on Friday, August 11, 2023, in Room 507 at 350 Capitol Street, Charleston, 1:00 p.m. to 3:00 p.m.
A copy of the State Plan may be viewed on the Office of Nutrition Services website at https://dhhr.wv.gov/WIC/policyprocedure/ Pages/default.aspx
Written comments about the plan may be sent to: WV WIC Program, Room 515, 350 Capitol Street, Charleston, WV 25301-3717, Attention: Public Comment. The deadline for submitting written comments is August 25, 2023. Those comments will be made available for public review at the above address beginning Wednesday, August 30, 2023, through Wednesday, September 6, 2023, on regular business days between the hours of 8:00 a.m. to 4:00 p.m.
For more information contact:
WV WIC Program Director