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, May 25,2023
Claim Deadline: Monday, July 24, 2023
ESTATE NUMBER:14474
ESTATE OF: NORINE BERNICE SIMMONS
EXECUTRIX: Anita Simmons
223 Beans Cove Road
Clearville, Pa. 15535-8043
FIDUCIARY COMMISSIONER:
J. Michael Anderson
474 Main Street
Rainelle, WV 25962-1239
ESTATE NUMBER: 14489
ESTATE OF: DWIGHT HAMILTON DILLER
EXECUTOR: Caleb J. Diller
2963 Huntersville Road
Marlinton, WV 24954
ESTATE NUMBER 14516
ESTATE OF: BEVERLY JEAN EADS
EXECUTRIX: Melanie Rose
836 Watoga Park Road
Hillsboro, WV 24946-8762
ESTATE NUMBER: 14517
ESTATE OF: KENNETH J. CASSELL
ADMINISTRATRIX: Brandy Cassell
711 Circle Drive
Marlinton, WV 24954 -1487
ESTATE NUMBER: 14521
ESTATE OF: KAREN ELAINE VARNER
EXECUTOR: James Leslie Varner
127 Cardinal Lane
Arbovale, WV 24915-5467
ESTATE NUMBER: 14527
ESTATE OF: HARRY B. PRICE
ADMINISTRATRIX CTA: Anne Zimmers
4004 Sorrell Brothers Court
Raleigh, NC 27603-9645
ESTATE NUMBER: 14532
ESTATE OF: PATRICIA JANE TRIPLETT
EXECUTOR: Scott E. Triplett
160 Spring Lane
Hillsboro, WV 24946
Subscribed and sworn to before me on May 19, 2023.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
5/25/2c
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, May 18, 2023
ESTATE NAME: THOMAS DELL HANWAY
85 Kelleys Trail
Oldsmar, Fl 34677-1924
EXECUTRIX: Keleen McDevitt
85 Kelleys Trail
Oldsmar, Fl 34677-1924
Subscribed and sworn to before me on May 9, 2023.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
5/18/2c
IN THE CIRCUIT COURT
OF POCAHONTAS COUNTY, WEST VIRGINIA
IN RE:
PHILANIE JILES,
PHILISSA TAYLOR-PLUNKETT and
PHILIPPA SHAFER, Petitioners
Civil Action No. 23-C-3
Judge Richardson
vs
PHILENA HORTON, Respondent
ORDER OF PUBLICATION
The object of the above entitled action is a Petition for Judicial Sale of Real Estate.
Pursuant to the Decedent’s Will, the Decedent devised thirty percent (30%) of his estate to each of the Petitioners and ten percent (10%) to the Respondent to be made in monthly installments. Petitioners, collectively owning ninety percent (90%) of the Real Property, desire to sell the Real Property.
The Petitioner has provided an affidavit showing that the Petitioner has not been able to complete service of process.
The last known mailing address of the Respondent, Philena Horton, is as follows:
Unknown
IT IS ORDERED that Philena Horton serve upon Petitioners, whose address is:
Thomas W. White, Esquire
Dinsmore & Shohl, LLP
P. O. Box 1850
Lewisburg, WV 24901
an answer, including any related counterclaim or defense they may have to the Civil Action filed in this action on or before 30 days after the first publication hereof, otherwise judgment by default will be taken against Respondent, Philena Horton, at any time thereafter.
A copy of said petition can be obtained from the undersigned clerk’s office.
THEREFORE, IT IS HEREBY ORDERED that this Order be published once a week for two successive weeks in The Pocahontas Times, a newspaper of general circulation in Pocahontas County, West Virginia, and in the Times West Virginia, a newspaper of general circulation in Marion County, West Virginia.
ENTERED by the Clerk of said Court this 19th day of May, 2023.
Connie M. Carr
Clerk of the Court
By Cindy D. Beverage, Deputy
5/25/2c
NOTICE OF TRUSTEE’S SALE
OF VALUABLE REAL ESTATE
Notice is hereby given that the undersigned, MICHAEL C. DOSS, Substitute Trustee, by virtue of that certain document, bearing date the 12th day of May, 2023, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Trust Deed Book 414, at page 366 and by virtue of that certain Deed of Trust executed by David L. Rexrode, bearing date the 24th day of February, 2021 and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Trust Deed Book 395, at page 393, the maker, having defaulted in payment of the note secured by said Deed of Trust as provided by the terms thereof, and the beneficial holder of the said note, The Grant County Bank, having declared the whole of the indebtedness there under to be due and payable; and having demanded the undersigned in writing to make sale of the real estate described in said Deed of Trust, the undersigned Trustee will offer for sale and sell at public auction to the highest responsible bidder on the 9th day of June, 2023, at 2:00 p.m., at the front steps of the Pocahontas County Courthouse in the Town of Marlinton, Pocahontas County, West Virginia, the premises, being and consisting of the following:
All of those certain lots or parcels of real estate, including the improvements, appurtenances and easements thereunto belonging, situate in the Town of Durbin, Pocahontas County, West Virginia, and being Lots Eleven (11), Twelve (12) and Thirteen (13) of Block Four (4).
And being the same certain lots or parcels of real estate as acquired by David L. Rexrode, by the provisions of a Deed of Conveyance from Melissa D. Rexrode, said Deed bearing date the 24th day of February, 2021, of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 392, at page 6, and further by the provisions of a Deed of Conveyance from Richard M. Walther and Tina M. Walther, said Deed bearing date the 14th day of March, 2009, of record in the aforesaid Clerk’s Office in Deed Book 319, at page 577.
The above-described real estate shall be sold subject to any claims, liens, assessments, taxes, restrictions, covenants, conditions, and encumbrances against the same.
The Trustee shall convey title with covenants of Special Warranty. The purchaser shall pay all taxes due and payable against the said property and all taxes hereafter due and assessed against the said property.
TERMS OF SALE: Cash in hand on day of sale or prior approved credit.
CONDITION OF SALE: Said property shall be sold to the highest responsible bidder, with the right reserved to the said The Grant County Bank, to bid at said sale and to continue the said sale by declaration from time to time, as they may choose.
Given unto my hand this the 16th day of May, 2023.
Michael C. Doss, Trustee
5/25//3c
IN THE CIRCUIT COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
TOP OF THE WORLD CONDOMINIUM AT SNOWSHOE UNIT OWNERS ASSOCIATION, INC., and LEATHERBARK CONDOMINIUM ASSOCIATION, INC.,
Plaintiffs,
v. Civil Action No.: 20-C-28
Judge: Robert E. Richardson
ROBERT EDWARD OWENS, a/k/a Bob Owens, CANDY L. OWENS, ROBERT DEAN CLEVENGER, ESTATE OF W.E. SINGLETON, ESTATE OF E. HATCHER CRENSHAW, JR., and POCAHONTAS COUNTY PUBLIC SERVICE DISTRICT,
Defendants.
NOTICE TO SALE OF VALUABLE REAL ESTATE
Pursuant to the authority vested in me by the Order of the Circuit Court of Pocahontas County, West Virginia in the above-styled matter, entered on the 30th day of June, 2022, I, as Special Commissioner of said Court shall, on the 27th day of May, 2023, commencing at 1:30 o’clock p.m., proceed to sell, at the front steps of the Pocahontas County Courthouse located at 900 10th Avenue, Marlinton, West Virginia 24954, at public auction to the highest responsible bidder, the following described three (3) tracts of real estate:
PARCEL ONE: All of Unit No 204-A of Top of the World Condominium, as the same is laid out and shown upon a Declaration, including the accompanying Exhibits thereto, of Top of the World Condominium, dated October 15, 1982, and recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 167 at page 496, Exhibit 3 Bylaws of the Top of the World Condominium at Snowshoe Unit Owners Association, Inc., together with a 0.8929% undivided interest, as an All of in common in and to the common elements which are assigned to said Residence Unit as described in the aforementioned Declaration pursuant to Chapter 36A of the Code of West Virginia of 1931, as Amended.
And being the same property conveyed to Robert Dean Clevenger by Robert E. Owens, by Deed dated February 28, 2011, and recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia in Deed Book 330, Page 678.
PARCEL TWO: All of Unit No. 205-A of Top of the World Condominium, as the same is laid out and shown upon a Declaration, including the accompanying Exhibits thereto, of Top of the World Condominium, dated October 15, 1982, and recorded aforesaid, together with a 0.8929% undivided interest, as a tenant in common in and to the common elements which are assigned to said Residence Unit as described in the aforementioned Declaration pursuant to Chapter 36A of the Code of West Virginia of 1931, as Amended.
And being the same property conveyed to Robert Dean Clevenger by Robert E. Owens, by Deed dated February 28, 2011, and recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia in Deed Book 330, Page 678.
PARCEL THREE: All of Residence Unit No. 208 in Building B of Leatherbark Condominium, as the same is shown on a Declaration Plan entitled: “MAP SHOWING DECLARATION PLAN FOR LEATHERBARK CONDOMINIUM A DEVELOPMENT OF SNOWSHOE COMPANY,” dated September 15, 1978, made by Edward M. Gwalthmey, Jr., Registered Architect and Hannah & Associates, Inc., and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Plat Book 2, at page 46-49, (hereinafter called “Declaration Plan”).
Together with a 2.0096% undivided interest, as tenants in common in and to the common elements which are assigned to said Residence Unit as described in a “Declaration Establishing A Plan For Condominium Ownership of a Multi-Unit Area Known As Leatherbark Condominium, A Condominium In The Snowshoe Resort, Edray District, Pocahontas County, West Virginia. Pursuant to Chapter 36A Of The Code of West Virginia of 1931, as Amended,” (also known as the Unit Property Act), (hereinafter called “Declaration”), which said Declaration is dated the October 1, 1978, as is of record in the aforementioned Clerk’s Office as hereinafter set forth.
And being the same property conveyed to Robert Edward Owens, Candy L. Owens, and Robert Dean Clevenger, by B.A. Compton, by Deed dated November 8, 1996, and recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 243, Page 286.
Said parcels will be sold separately.
The sale shall be made with a special warranty of title and subject to all reservations, exceptions, covenants, restrictions, easements, limitations, conditions, mineral rights, rights-of-way or easements, and other servitudes, if any, made, retained, or otherwise created by deeds or other instruments constituting the record chain of title to the real estate aforesaid.
The sale shall be made subject to any and all liens and encumbrances affecting the real estate, to all unpaid or any accrued real estate taxes assessed against the real estate.
The Special Commissioner reserves the right to reject any and all bids.
Conveyance of the real estate shall be made by a Special Commissioner Deed in the form prescribed by W.Va. Code 38-1-6, subject to any and all effective and enforceable exceptions, reservations, conditions, covenants, restrictions, limitations, assessments, easements, rights of way, mineral severances, and other encumbrances as have been created with respect to and/or imposed upon said real estate by the Grantor or its predecessors in interest in title prior to the recording of the Deed in the aforesaid Clerk’s office. All real estate, and any improvements located thereon, are sold in “AS IS” condition and are FINAL. The Special Commissioner does not make any representations or warranties as to the physical condition of the real estate. Prospective purchasers are responsible for inspecting the title to the real estate prior to the Special Commissioner Sale. Any and all legal procedural requirements to obtain physical possession of the real estate after the sale are the responsibility of the purchaser(s). Anyone interested in purchasing the subject real property should review the contents of this case file (Pocahontas County Civil Action No. 20-C-28), of record in the office of the Circuit Clerk of Pocahontas County County. Risk of loss or damage will be the purchasers from and after the sale. All outstanding taxes, assessments, and utility charges will be the responsibility of the purchaser(s). All settlement fees, costs of conveyance, examination of title, title fees, and recording charges will be at the expense of the purchaser(s) Special Commissioner makes no representation regarding the sale of title to the real estate. Purchaser(s) shall bear the responsibility and risk of any inspection of the real estate and shall take title to the real estate subject to any existing leases, land contracts, or other agreements recorded and unrecorded affecting the real estate. The purchaser(s) shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the real estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at the sale.
TERMS OF SALE: Ten percent (10%) of sale price, cash in hand on the day of sale, with the remainder due within thirty (30) days of sale.
All sales are subject to confirmation by the Circuit Court of Pocahontas County, West Virginia.
Robert P. Martin
Special Commissioner
I, Connie Carr, Clerk of the Circuit Court of Pocahontas County, West Virginia, do hereby certify that bond with surety approved by me as sufficient and in the sum provided by the Judge of the Circuit Court of Pocahontas County, West Virginia, has been given by the Special Commissioner.
Connie Carr,
Pocahontas County Circuit Clerk
5/4/4c
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 October 26, 2004, executed by the Borrower, Gillian McGinn, to Richard A. Pill or David D. Pill, either of whom may act, the Trustee, of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Book 252, at Page 212. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Hillside #2 Slatyfork Farms, Slatyfork, WV 26291. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUBSTITUTE TRUSTEE dated July 7, 2017, of record in the Clerk’s Office in Book 371, at Page 65. The Borrower 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: May 31, 2023, at 10:45 a.m.
All that certain lot, tract or parcel of real estate including the improvements thereon and appurtenances thereunto belonging and appertaining, and being situate in Edray District, Pocahontas County, West Virginia, lying approximately 0.5 miles north of US Route 219, which said lot being known as Tract #2 of Slatyfork Village, Hillside Section, and being more particularly described as follows:
BEGINNING at a point, set a steel rod, from which a found steel rod bears S 76-07-13 E 476.79 feet, a corner to the farmhouse lot, thence with a new line of division through Slatyfork Village, Inc.
S 82-04-17 W crossing a 40.00 foot wide right-of-way in all 358.86 feet to a point on the eastern bounds of the railroad, set a steel rod, thence with said bounds for one line
N 7-55-46 W 165.54 feet to a point, set a steel rod in a drain, thence leaving said railroad and with two new lines of division through Slatyfork Village and a drain
N 87-35-55 E recrossing a 40.00 foot wide right-of-way in all 276.88 feet to a point, set a steel rod, thence
S 35-44-48 E 157.02 feet to the beginning containing 1.08 acres, as surveyed by James T. Carr, PS #920 in June 1997. Tax Map 6C, Parcel 59. Commonly known as #2 Hillside Section, Slatyfork Farm.
Being the same parcel or tract of real estate acquired by Gregory Thomas and Anne Marie Thomas, by deed of Slatyfork Village, Inc., a West Virginia corporation, dated the 7th day of October, 1998, and recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia in Deed Book 256, at Page 422.
And further being part of the same parcel conveyed to Slatyfork Village Inc. by Elk River Land Company Limited Partnership in October 1990 as recorded in the Office of the County Commission of Pocahontas County, West Virginia, in Deed Book 211, at Page 132.
Being the same property conveyed to Gillian McGinn by the Deed dated October 26, 2004 and recorded in Deed Book 292, at Page 131, in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia.
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-
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
(304) 263-4971
foreclosures@pillwvlaw.com
4/27/4c
NOTICE OF PUBLIC MEETING
The West Virginia Department of Environmental Protection has scheduled a public meeting for June 15, 2023, at 9:30 a.m. to discuss the Draft Fiscal Year 2024 Intended Use Plan for the Clean Water State Revolving Fund Program (CWSRF).
A part of the Intended Use Plan is the Fiscal Year 2024 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.
Contact:
Katheryn Emery
WV Department of Environmental Protection
Division of Water & Waste Management
Clean Water State Revolving Fund
601 57th Street, SE
Charleston, WV 25304
(304) 926-0499 Ext. 43830
Katheryn.D.Emery@wv.gov
Google Meeting information
https://meet.google.com/tkd-hsoo-arb
Dial in number: 1-910-302-3018
PIN: 104 878 179#
5/25/2c
