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 commissione.
First Publication Date: Thursday, November 7, 2024
Claim Deadline: Monday, January 6, 2025
ESTATE NUMBER: 14688
ESTATE OF: BRANDON LEE KELLY
ADMINISTRATRIX: Kristen Elizabeth Kelly
197 Old Route 39 Road
Marlinton, WV 24954-5852
Subscribed and sworn to before me on November 1, 2024.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
11/7/2c
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.
ESTATE NAME: KENNETH RAY ARTHUR
ANCILLIARY ADMINISTRATRIX:
Jacqueline Arthur
9023 State Route 5
Ashland, KY 41102-8552
ESTATE NAME: JOHN FRANZ BACKELS
3030 Claremont Lane
Crozet, VA 22932
ANCILLARY ADMINISTRATRIX:
Karen Backels Gioa
3040 Eagle View
Charlottesville, VA 22903-6907
Subscribed and sworn to before me on October 31, 2024 and November 4, 2024.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
11/7/2c
NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated July 30, 2021, executed by the Borrower, Joshua A. Hoffmann, to Pill & Pill, PLLC, the Trustee, of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Book 400, at Page 413. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 10612 Frost Rd., Marlinton, WV 24954. The Borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the 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: November 18, 2024, at 5:00 p.m.
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Pocahontas, STATE OF WV, AND IS DESCRIBED AS FOLLOWS:
All of those three (3) certain tracts or parcels of real estate, including the improvements, appurtenances and easements thereunto belonging, on the east side of West Virginia State Route 28 one (1) mile north of the Village of Frost, Huntersville District of Pocahontas County, West Virginia, and more particularly described as follows:
Tract No. I: “Beginning at a stake on the east side of State Route 28 and running in an easterly direction and approximately perpendicular to the said State Route 286 feet to a stake; thence running perpendicular to the former line and in a northerly direction 139 feet to a stake; thence running perpendicular to the former line and in a westerly direction 286 feet to the right-of-way line of the said State Route; thence running with the right-of-way line in a southerly direction 100 feet to the point of beginning, and containing one-half (1/2) acre, more or less.”
Tract No. II: Being a strip land approximately 345 feet long and 12 to 16 feet wide and bounded on the north by the lands of John G. Sharp; on the east by the lands of the United States of America; and on the south by the lands of Lester Tennant; and on the west by State Route No. 28; and being a part of what was formerly known as the Preston-Dreppard Farm.
Tract No. III: All of that certain parcel of land designated by the United States Forest Service as Tract 377a-I, containing 0.14 acre, more or less, located in the Huntersville District of Pocahontas County, West Virginia, being a portion of U.S. Tract No 377a, conveyed by deed from Warn Lumber Company to the United States of America dated February 21, 1937, and of record in the Deed Book 71, at Page 335, and further acquired by Berlin N. Galford, by the United States of America, by Deed dated March 20, 1998, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, In Deed Book 302, at Page 522.
AND BEING the same real estate conveyed unto Joshua A. Hoffmann by the Deed dated the 1st day of March, 2019, from Douglas Grimes and Connie Grimes, and recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 377, at Page 275.
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, Trustee
BY: Jonathan L. Wertman, Esq.
Pill & Pill, PLLC
85 Aikens Center
Martinsburg, WV 25404
(304) 263-4971
foreclosures@pillwvlaw.com
10/17/4c
PUBLIC MEETING NOTICE
The Pocahontas County Building Commission is seeking an application with the United States Department of Agriculture (USDA) for funds to construct an Office of Emergency Services building. The public meeting date is Tuesday, November 12, 2024, at 5:00 p.m. in the Pocahontas County Commission Room.
The purpose of the meeting is to provide an opportunity to become acquainted with the proposed project and to comment on the economic and environmental impact, service areas, or alternatives to the proposed project.
Walt Helmick, President
Pocahontas County Commission
10/31/2c