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, April 27, 2023
Claim Deadline: Monday, June 26, 2023
ESTATE NUMBER: 14467
ESTATE OF: MULVIE WILLIAM GRIMES
ADMINISTRATOR: Jeffrey P. Barlow,
Sheriff of Pocahontas County
900 10th Avenue Suite A
Marlinton, WV 24954-1333
ESTATE NUMBER: 14506
ESTATE OF: ROBERT LEE MANN
EXECUTRIX: Jacoba G. Mann
1575 Edray Road
Marlinton, WV 24954-6703
ESTATE NUMBER: 14511
ESTATE OF: DOROTHY STEPHENS COLEMAN
ADMINISTRATOR: Randall S. Coleman
27 Brittany Woods
Charleston, WV 25314-1501
ESTATE NUMBER: 14512
ESTATE OF: KAREN L. SHEARER
EXECUTOR: Robert L. Shearer
109 Angus Irvine Road
Marlinton, WV 24954-6666
ESTATE NUMBER: 14513
ESTATE OF: MICHAEL M. EBERBAUGH
EXECUTRIX: Courtney Curran
602 Sheets Road
Dunmore, WV 24934-9220
ESTATE NUMBER: 14514
ESTATE OF: JOSEPH JAMES LIZOTTE
ADMINISTRATRIX: Angela Lizotte
812 8th Avenue
Marlinton, WV 24954-1217
Subscribed and sworn to before me on April 24, 2023.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
4/27/2c
IN THE FAMILY COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
TO: JEREMIE CAIN
604 Remus Cain Road
Marlinton, WV 24954
Date of Birth: February 8, 1980
Magistrate Court Case No.: 22-D-18
Family Court Civil Action No.: 22-DV-17
ORDER OF PUBLICATION
PROTECTIVE ORDER/HEARING DATE
The object of this suit is to obtain protection from the Respondent.
The object of this publication by Class I legal advertisement is to notify the Respondent of the PROTECTIVE ORDER prohibiting the above-named Respondent from having contact with certain individuals. This Order may affect property and other rights of the Respondent. Violating this Order may subject the Respondent to criminal sanctions. The respondent is strongly encouraged to obtain a copy of this Protective Order and Petition from the Circuit Clerk of the county listed above.
TO THE ABOVE-NAMED RESPONDENT
If appearing by evidence duly taken in this action that you could not be found in or that you have left the State of West Virginia, you are hereby notified of the ORDER referenced above, a copy of the Petition and Order may be obtained at the Pocahontas County Circuit Clerk’s office.
This PROTECTIVE ORDER will remain in effect until May 16, 2023.
A Final Hearing is scheduled for the 16th day of May 2023 at 12:30 p.m. before the Pocahontas County Family Court.
Issued this 25th day of April 2023 at 9:06 a.m.
Connie M. Carr, Circuit Clerk
By Cindy D. Beverage, Deputy
5/4/1c
IN THE FAMILY COURT
OF POCAHONTAS COUNTY, WEST VIRGINIA
IN RE: CHANGE OF NAME
From: A. S. T.
To: A. K. S.
LEGAL NOTICE OF PUBLICATION
CHANGE OF NAME PROCEEDING
Notice is hereby given that on the 30th day of May, 2023, at 11:30 o’clock a.m. at Family Court, 818 C 10th Avenue, Marlinton, WV, on said day, or as soon thereafter as the matter may be heard, before the Honorable Joyce H. Carpenter, the Petitioner, A. S. T., will apply by petition to the Family Court of Pocahontas County, West Virginia for the entry of an order by said Court, changing his name from A. S. T. to A. K. S. 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 or publication.
A copy of said petition can be obtained from Clerk of the Circuit/Family Court, Connie M. Carr, at her office at 900 D 10th Avenue, Marlinton, WV 24954.
Dated this 28th day of April, 2023.
A. S. T.
Pro se Petitioner
5/4/2023
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, reserva- tions, 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
Pocahontas County Solid Waste Authority has adopted Mandatory Garbage Disposal Regulations pursuant to the requirements of West Virginia Code. These regulations require the owner of each residence, defined as any structure or shelter in which a person spends one or more nights per year, to pay the annual Solid Waste Assessment Fee (Green Box Fee), or contract for the entire year with a certificated solid waste collection service operating in Pocahontas County, or utilize the Free Day at Pocahontas County Landfill each month during the fiscal year, July 1 through June 30.
Property owners who do not comply with this regulation are subject to a civil penalty of $150.00 for each year the fee is not paid per West Virginia Code Subsection 22-C-4-10.
The 2022 Green Box fee must be paid by June 30, 2023 to avoid the $150.00 civil penalty.
Pocahontas County Solid Waste Authority
4/27/2c
PUBLIC MEETING
The Pocahontas County Solid Waste Authority will hold a Public Stakeholders’ Meeting to discuss the future of solid waste management in our county on Thursday, May 18th , 2023 at 6:00 p.m. in the Circuit Court Room at Pocahontas County Courthouse. Local government leaders, commercial haulers, and other interested parties will be participating. The meeting will be moderated by Mark Holstine, Executive Director of the West Virginia Solid Waste Management Board.
Join by Zoom at https://us06web.zoom.us/j/84119837789 or by calling 1-253-205-0468 (Meeting ID: 841 1983 7789, Passcode: 113059)
Pocahontas County Solid Waste Authority
5/4/2
