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, July 6, 2023
Claim Deadline: Monday, September 4, 2023
ESTATE OF: DAISY L. WRIGHT
EXECUTOR: Alan T. Wright
14640 Back Mountain Road
Durbin, WV 26264-9009
Subscribed and sworn to before me on June 30, 2023.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
THE FAMILY COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
ACTION NO.: 23-D-36
IN RE: CHANGE OF NAME
FROM: RONI MARIE GIAMMONA
TO: MARIE RONI GIAMMONA
LEGAL NOTICE OF PUBLICATION
CHANGE OF NAME PROCEEDING
Notice is hereby given that on the 25th day of July 2023, at 1:00 o’clock p.m. at Family Court, 818 C 10th Avenue, Marlinton West Virginia, on the said day or as soon thereafter as the matter may be heard before the Honorable Joyce H. Carpenter, the Petitioner Roni Marie Giammona a/k/a Marie Roni Giammona will apply by petition to the Family Court of Pocahontas County, West Virginia for the entry of an order by said Court, changing her name from Roni Marie Giammona to Marie Roni Giammona at which time and place any interested party may appear and be heard if they so desire.
You are hereby notified that this matter may be rescheduled without further notice of publication.
Dated this 6th day of July, 2023.
Robert P. Martin, Esquire
2276 Huntersville Drive
Marlinton, West Virginia 24924
NOTICE OF SALE OF REAL ESTATE
Notice is hereby given that the Town of Marlinton will sell at a public auction to the highest bidder, the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon (the “Real Estate”) Saturday, July 22, 2023 at 9 a.m. at the site of the Real Estate located at 18353 Seneca Trail.
REAL ESTATE DESCRIPTION:
All of that certain parcel of real estate situate on the West side of the Greenbrier River in the Edray District of Pocahontas County, West Virginia, near the town of Marlinton, West Virginia, and being more particularly described as follows:
BEGINNING at a state at the low water mark on the Greenbrier River corner to lot sold to Hammond Mann and with his line up the hill N 56 ½ W crossing U.S. Route 219 to the Quarry Road then with the Quarry Road in a northerly direction to a stake 50 fee measured at right angles from the first named course; then down the mountain S 56 ½ E to a stake at low water mark at the river; then down the river 33 ¾ W feet to the beginning.
Being the same property conveyed to the Town of Marlinton by W.D. Sharpe, Jr., and Mary Ann Sharpe, husband and wife, via deed dated September 7, 1989, as more particularly described and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 204 at Page 487.
A complete legal description as surveyed is available upon request.
TERMS OF SALE:
Sale of the Real Estate will be made by the Town by public auction to the highest bidder. The Town has set a minimum bid of Two Thousand Five Hundred Dollars ($ 2,500.00). At the conclusion of the sale, the successful bidder will be required to tender a deposit of ten (10) percent of the sale price by cash, certified check, or cashier’s check at sale, the balance in cash or by certified check due and payable within thirty days after the date of sale, by mailing or delivering the same to Marlinton Town Hall, 709 Second Ave., Marlinton, WV 24954. If the successfully bidder fails to deliver the total purchase price within the prescribed time, the deposit shall be deemed forfeited and the Town may proceed to resell the property or, at the discretion of the Town, convey the property to the next highest bidder if such bidder will honor his bid. The Town reserves the right to reject any bid that in its opinion is inadequate. The Town reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made or be agreed to by the Town and the bidder in advance of the sale.
The Town also reserves the right to continue the sale of the Real Estate from time to time by oral proclamation, which continuation shall be in the sole discretion of the Town. Should the Town not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Town to make further inquiry. Please direct any inquiries or objections to the sale to the Town in writing at the following address Marlinton Town Hall, 709 Second Ave., Marlinton, WV 24954. Any sale may be conducted or adjourned by the designated agent of the Town.
Conveyance will be made by Deed, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-of-way, conditions and restrictions of record. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in “AS IS” condition. The Town does not make any representations or warranties as to the physical condition of the Real Estate. Risk of loss or damage will be the purchaser’s from and after the sale. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. The Town makes no representations regarding the state of title to the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Additional terms and conditions shall be announced at sale.
Town of Marlinton
NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated December 8, 2006, executed by the Borrower(s), Chris W. Satterfield and Simona Satterfield, to Richard A. Pill, Esq., the Trustee of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Book 291, at Page 427. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 103 Soaring Eagle Lodge, Snowshoe, WV 26209. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated May 2, 2023, of record in the Clerk’s Office in Book 414, at Page 467. The Borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Pocahontas County, in Marlinton, West Virginia, on the following date: August 10, 2023, at 11:00 a.m.
All of the following described parcel, tract, or unit of real estate, together with all appurtenances thereunto belonging, situate, lying and being in Edray District,, Pocahontas County, West Virginia, and more particularly described as follows:
All of Unit 103 of Soaring Eagle Lodge as shown and illustrated on that plat of survey recorded among the land records in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, on November 30, 2006, in Deed Book No. 306, at page 62.
Together with a non-exclusive undivided 0.014031 percent interest in all the common elements of Soaring Eagle Lodge Association, Inc., as shown and designated on the aforesaid plat as Soaring Eagle Lodge Phase One Building, together with a non-exclusive undivided 0.008575 percent interest in all the common elements of Soaring Eagle Lodge Master Association, Inc., as shown and designated on the aforesaid plat.
Being the same real estate conveyed to Chris W. Satterfield and Simona Satterfield, husband and wife, from Soaring Eagle Development Company, LLC, a West Virginia limited liability company, by deed dated December 1, 2006, recorded in the Office of the County Commission of Pocahontas Country in Deed Book 306, Page 455.
This conveyance is specifically made subject to the terms, conditions, provisions, restrictions, protective covenants, nights, powers and duties pertaining to Soaring Eagle Lodge as more particularly set forth in the Declaration, Plats or maps of survey and By-Laws of Soaring Eagle Lodge Association, Inc., a West Virginia corporation and Soaring Eagle Lodge Master Association, Inc., a West Virginia Corporation, and as, the same, from time to time may be amended, which documents are recorded in the aforesaid County Clerk`s Office as follows:
DECLARATION: DEED BOOK NO. 306, AT PAGE 1
DECLARATION: DEED BOOK NO. 306, AT PAGE 62
PLAT OF SURVEY: HANGING FILE I
The Grantees, for and on behalf of the grantees and the grantees’ heirs, personal representatives, successors and assigns, by the acceptance of this deed covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the common elements as may be assessed from time to time by the council in accordance with the Unit Property Act of West Virginia, and further covenant and agree that the unit conveyed by this deed shall be subject to a charge for all amounts so assessed and that, except insofar as section five [§ 36A-7-5], article seven of said Unit Property Act may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code § 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
NOTICE OF PUBLIC AUCTION
Notice is hereby given that the Town of Marlinton, pursuant to W. Va. Code § 8-12-18(b), on Saturday, the 22nd day of July 2023, at 10:00 a.m., at the Marlinton Town Garage at 540 4th Avenue, will sell at public auction to the highest qualified bidder, the following vehicles, in individual lots:
1993 Chevrolet Tahoe 1500, VIN: 1GCEK14KXPE123903;
2000 Ford truck, VIN: 1FDNF20L4YED71814;
2005 Ford F250, VIN: 1FDSX20566EA85686 (no title);
2001 Jeep, VIN: 1J4FF48SX1L525731;
1986 Chevrolet trash truck, VIN: 1GBL7D1B8GV109680.
Additional out-of-service equipment.
TERMS OF SALE:
Sale of the foregoing vehicles will be made by public auction to the highest qualified bidder. At the conclusion of the sale, and no later than 4:30 p.m. on the day of sale, the successful bidder will be required to tender the full purchase price by cash, certified check, or cashier’s check, by delivering the same to Marlinton Town Hall, 709 Second Ave., Marlinton, WV 24953. The successful bidder will also be required to remove the purchased vehicle from Town property, at the bidder’s sole cost and expense, within five (5) business days of the sale. The successful bidder assumes the risk of loss or damage from and after the sale. The successful bidder shall be responsible for all costs and fees associated with transfer of title. If the successful bidder fails to deliver the total purchase price or remove the purchased vehicle from Town property within the prescribed time, the Town may return to the successful bidder any portion of the purchase price paid and proceed to resell the property or, at the sole discretion of the Town, covey the property to the next highest qualified bidder if such bidder will honor their bid. The Town reserves the right to reject any bid that in its sole opinion is inadequate. The Town reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made or be agreed to by the Town and the bidder in advance of the sale.
The aforesaid vehicles are being sold in their “AS IS” condition and the Town does not make any representations or warranties as to the physical condition of the vehicles or their fitness for a particular purpose. Arrangements may be made to preview or inspect the vehicles in advance of the sale by calling Marlinton Town Hall at 304-799-4315.
The Town reserves the right to continue the sale of the aforesaid property from time to time, at its sole discretion, by oral proclamation. Any sale may be adjourned or conducted by the designated agent of the Town. Additional terms and conditions may be announced at the sale.
Should the Town not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the Town to make further inquiry. Please direct any inquiries or objections to the sale to the Town in writing at the following address: Marlinton Town Hall, 709 Second Ave., Marlinton, WV 24954.
Town of Marlinton
NOTICE OF PUBLIC MEETING
The West Virginia Department of Environmental Protection has scheduled a public meeting on July 27, 2023, at 9:30 am to discuss the Draft Fiscal Year 2024 Intended Use Plan for the Drinking Water Treatment Revolving Fund Program (DWTRF).
A part of the Intended Use Plan is the Fiscal Year 2024 Comprehensive Project Priority List. The meeting will take place in person at the WV DEP’s Headquarters in Charleston, WV. An option to attend remotely or call-in is below. A copy of the draft Fiscal Year 2024 Intended Use Plan is available, and may be requested by calling, writing, or sending an email request to the address below. The plan can also be viewed on DEP’s website.
WV Department of Environmental Protection
Division of Water & Waste Management
601 57th Street, SE
Charleston, WV 25304
(304) 926-0499 Ext. 43830
Video call link: https://meet.google.com/tjy-fznu-gwr or dial 1-419-945-6029. PIN: 803 176 620#
There will be a meeting of the Board of Directors of the Public Defender Corporation, 11th Judicial Circuit at Greenbrier Grille and Lodge located at 814 First Avenue in Marlinton Thursday, July 20, 2023, at noon (12 p.m.) All interested parties may attend.