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 24954-1333. 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 through the Pocahontas County Clerk’s Office at the address listed above 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 person interested in filing claims against an estate must file them 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, October 13, 2022
Claim Deadline: Monday, December 12, 2022
ESTATE NUMBER: 14422
ESTATE OF: MIKO NATASHA GRAHAM
ADMINISTRATOR: David Mac Graham
310 Clayville Road
Powhatan, VA 23139
ESTATE NUMBER: 14442
ESTATE OF: THERESA LOUISE CURRY
EXECUTOR: Donald Wayne Curry
10129 Back Mountain Road
Durbin, WV 26264-9033
ESTATE NUMBER: 14450
ESTATE OF: DAVID ALAN GONDRY
EXECUTRIX: Helena May Gondry
1361 Russell Scott Road
Hillsboro, WV 24946-8570
Subscribed and sworn to before me on October 7, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
Notice of Ancillary Filing without any Administration
to Creditors, Distributees & 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 P.O. Box 209, 900 Tenth Avenue Suite C Marlinton, WV 24954‑0209 and no appointment or administration is being made pursuant to the provisions of West Virginia Code 44‑1‑14b.
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, October 6, 2022
ESTATE NAME: NEAL D SETCER
460 Bauer Road
Bath, PA 18014‑8827
460 Bauer Road
Bath, PA 18014‑8827
ESTATE NAME: RUSSELL JONATHAN SETCER
406 S 2nd Street
Dardanelle, AR 72834‑4002
460 Bauer Road
Bath PA 18014‑8827
ESTATE NAME: JOHN HENDERSON ALBRIGHT
904 Draper Road SW
Blacksburg, VA 24060‑5120
KATHRYN S CLARKE ALBRIGHT
904 Draper Road SW
Blacksburg, VA 24060‑5120
Subscribed and sworn to before me on September 30, 2022.
Melissa L Bennett
Clerk of the Pocahontas County Commission
By Erin Boone, Deputy
ORDER OF PUBLICATION
NOTICE TO UNKNOWN FATHER
AND NOTICE OF HEARING
IN RE: THE ADOPTION OF A MALE CHILD,
DOB: APRIL 24, 2009 Civil Action No. 22-A-04
BORN TO: DEBORAH VERONICA BIRELY
NOTICE IS HEREBY GIVEN that on the 3rd day of November 2022, at 1:15 p.m., or as soon thereafter as counsel may be heard, Raymond Mathew Taylor and Deborah Veronica Taylor will appear before the Honorable Jennifer Dent, Judge of the Circuit Court, Pocahontas County, West Virginia, at 900 Tenth Avenue in Marlinton, and bring on for hearing at that time a Petition for Adoption of a Minor Child.
Any person having an interest therein may appear to protect their interest. Failure to appear could result in termination of parental rights.
This matter may be continued from the date and time of the said hearing for good cause shown without further publication.
Carin Kramer, Esq., MPH, LGSW
WV Bar #13064
152 Roses Way
Lewisburg, WV 24901
ORDER OF PUBLICATION
IN THE FAMILY COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
IN RE: Civil Action No. 22-FIG-11
THE CHILDREN OF:
KATHRYN D. McCALL, PETITIONER
MELINDA G. NUTTER
KRISTOPHER NUTTER, RESPONDENTS
THE OBJECT OF THIS SUIT
IS TO OBTAIN INFANT GUARDIANSHIP
To the above named Respondent: KRISTOPHER NUTTER
It appearing by affidavit filed in this action that the address of KRISTOPHER NUTTER is unknown. The Court orders the parties to appear on the 1st day of November 2022 at 12:00 p.m. at the location of Family Court, 810 10th Avenue, Marlinton, WV, where a final hearing will be held on the Petition for Infant Guardianship, 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 September 29, 2022.
Connie M. Carr
Circuit Clerk of Pocahontas County
By Cindy D. Beverage, Deputy
OF VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated February 22, 2018, and duly recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Document No. 181012, in Book No. 374, at Page 592, Tonya L Redmond did convey unto Jeffry Pritt, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by Wells Fargo Bank, NA to foreclose thereunder, will offer for sale at public auction at the front door of the Pocahontas County Courthouse in Marlinton, West Virginia, on Wednesday, November 16, 2022 at 12:00 PM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 06 – Huntersville District, Pocahontas County, West Virginia, and more particularly described as follows:
All of that certain lot or parcel of real estate, including the improvements, appurtenances and easements thereunto belonging, all being situate in the Huntersville District of Pocahontas County, West Virginia, just off State Route 28 on the Old Route 11, and being more particularly described as follows:
BEGINNING at a 2 inch iron pipe found on the East Right of Way of Old State Route 11, a corner to Cecil D. Smallridge, thence leaving Smallridge and with said Right of Way for the next several lines N 11-47-12 W 16.81 feet to a point on said right of way, thence N 16-28-08 W 24.86 feet to a point on said right of way, thence N 19-47-24 W 87.17 feet to a point on said right of way, thence N 16-51-36 W 34.00 feet to a point on said right of way, thence N 7-53-49 W 28.75 feet to a point on said right of way, thence N 5-48-55 E 26.36 feet to a point on said right of way, thence N 23-55-27 E 26.04 feet to a point of said right way, thence N 42-54-09 E 26.04 feet to a point on said right of way, thence N 64-31-59 E 25.58 feet to a point on said right of way, thence N 82-36-12 E 26.27 feet to a point on said right of way, thence S 79-50-26 E 26.05 feet to a point on said right of way, thence S 67-14-37 E 39.93 feet to a point on said right of way, thence S 53-55-39 E 54.96 feet to a point on said right of way, thence S 47-05-23 E 55.57 feet to a point of said right of way , and a corner to Cecil D. Smallridge, thence leaving said right of way andwith Smallridge for 1 line; S 44-33-30 W passing a 2 inch iron pipe found at a fence corner at 2.00 feet, in all following a fence line 247.83 feet to the point of beginning and containing .789 of an acre, more or less, as surveyed by William E. Dilley, LLS of Dunmore, West Virginia, in May 1996, and as shown upon a plat of survey of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 241, at page 441.
And being the same lot, tract or parcel of real estate as acquired by Tonya L. Redmond, by the provisions of a Deed of Conveyance from Teresa L. Nottingham Hammons, said Deed bearing date the 22nd day of February, 2018, and to be placed of record in the Office of the Clerk of the County Commission of Pocahontas County , West Virginia, immediately prior to this Deed of Trust
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 1739 Browns Creek Rd, Marlinton, WV 24954.
The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights-of-way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes.
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: $4000.00 in cash and/or certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale.
FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.
SENECA TRUSTEES, INC.
5000 Coombs Farm Drive, Suite 104
Morgantown, WV 26508
Toll free: (888) 534-3132
Reference File No. 82434
NOTICE TO REDEEM
2021-S-00000020 – Pocahontas County – John B. Burns
To: Donald Paul Jordan, Pocahontas County Solid Waste Authority, George Albert Jordan, Pocahontas County Magistrate, Pocahontas County Prosecutor, George Jordan, or heirs-at-law, devisees, creditors, representatives, successors, assigns, all known heirs, guardians, conservators, fiduciaries, administrators, lienholders, co-owners, other parties having an undivided interest in the delinquent property, and other parties that may have any interest in the subject property.
DISTRICT: EDRAY MAP: 45A PARCEL: 0009 0000
You will take notice that JOHN B. BURNS, the purchaser of the tax lien(s) on the following real estate, Certificate of Sale: 2021-S-00000020, LT 5 ONOTO HILLS SD, STONEY CREEK, 1.04 AC FEE, located in EDRAY, which was returned delinquent in the name of JORDAN DONALD PAUL & GEORGE ALBERT, and for which the tax lien(s) thereon was sold by the Sheriff of Pocahontas County at the sale for the delinquent taxes made on the 20th day of October, 2021, has requested that you be notified that a deed for such real estate will be made to him or her on or after April 1, 2023, as provided by law, unless before that day you redeem such real estate. The amount you will have to pay on the last day, March 31, 2023, will be as follows:
Amount equal to the taxes and charges due on the date of the sale, with interest, to March 31, 2023. $ 873.15
Amount of subsequent years taxes paid on the property, since the sale, with interest to March 31, 2023. $ 706.86
Amount paid for Title Examination and preparation of the list to be served and for preparation and service of notice with interest from January 1, 2022, following the sheriff’s sale to March 31, 2023. $ 1,214.12
Amount paid for other statutory costs with interest from following the sheriff’s sale to March 31, 2023. $ 0
Total Amount Payable to Sheriff – cashier check, money order or certified check must be made payable to The Honorable Jeff Barlow, Sheriff and Treasurer of Pocahontas County. $ 2,794.13
Cost of Certification of Redemption – cashier check, money order or certified check must be made payable to The Honorable John B. McCuskey, State Auditor. $ 35.00
You may redeem at any time before March 31, 2023, by paying the above total less any unearned interest.
Return this letter and both certified funds to the WV State Auditor’s Office, County Collections Division, 1900 Kanawha Blvd, East, Building 1, Room W-114, Charleston, West Virginia, 25305.
Questions, please call 1-888-509-6568, option 2. 10/13/3c
Pocahontas County Emergency Planning Committee
Notice of Public Availability
Section 324 of the Emergency Planning and Community Right to Know Act, also known as SARA Title III and WV Code §15-5A-7(d)(5) requires public notice at least once annually in a local newspaper that the County’s Emergency Response Plan is available for review, as are those material safety data sheets, emergency, first aid and medical treatment procedures, inventory forms and follow-up emergency notices which have been submitted to the committee.
Members of the public who wish to review any such plan, sheet, form or follow-up notice may do so during normal business hours by contacting Pocahontas County Emergency Management at 304-799-3985.
NOTICE TO BID
The Pocahontas County Commission will receive bids for heating oil for all Courthouse Offices and the Jail Building, for the period covering November 1, 2022 through October 31, 2023. All bids should be submitted in writing, noting increases and/or reductions in prices, and placed in a sealed envelope marked “Sealed Bid – Heating Oil” and delivered by mail or in person to the Pocahontas County Commission, 900 Tenth Avenue, Marlinton, West Virginia 24954, no later than 4:30 p.m. on Monday, October 17, 2022. Bids will be opened in the Office of the County Commission located in the Pocahontas County Courthouse on Tuesday, the 18th day of October 2022, at 6:00 p.m.
For further information, please inquire at the Pocahontas County Clerk’s Office 304-799-4549, Monday through Friday, between the hours of 8:30 a.m. and 4:30 p.m.
The Pocahontas County Commission reserves the right to reject any and all bids.
Walt Helmick, President
Pocahontas County Commission
NOTICE TO OWNER
OF ABANDONED VEHICLE
A 1998 Chevrolet Cavalier, gold in color;
VIN # 1G1JC5249W7160976,
which was towed May 3, 2022 from Lower Third Avenue in Marlinton, West Virginia, is located at F & F Service Center, LLC, 6345 Huntersville Road, Marlinton, WV 24954; phone, 304-799-6431.
This is to notify you, the owner, that you have 15 days from the date of this publication to reclaim this automobile and reimburse F & F Service Center, LLC for all towing and storage charges.
You must prove ownership.
Failure of the owner or lienholder to exercise their right to reclaim this vehicle shall be deemed a wavier of rights, and title and interest will become the property of F & F Service Center, LLC.
F & F Service Center, LLC
Opportunity to comment on the
Halfway Run Contemporary Trail System Project
The Monongahela National Forest, Marlinton-White Sulphur Ranger District is interested in receiving your input on the Monday Lick Contemporary Trail System Project.
The project is located approximately 0.3 miles east of the Marlinton Ranger Station Office in Pocahontas County, West Virginia, with the proposed trail system extending east and north of the office. The purpose of this project is to create about 13 miles of single-track, bike-optimized trail and to convert an old woods road to single-track trail to improve visitor experience and to improve soil and water conditions. The Halfway Run Contemporary Trail System would provide a trail system that would directly benefit Marlinton by creating accessible, inclusive and diverse trails close to downtown. It will also increase recreation opportunities for visitors.
Please provide your comments within 30 days beginning after the publication of this notice.
For more information and a map, please go to: fs.usda.gov/pro jects/mnf/landmanagement/projects and select the Halfway Run Contemporary Trail System.
To submit comments, please send written/typed responses to Marlinton-White Sulphur Ranger District, Attn: Sarah Dezelin, 932 N. Fork Cherry Road, Richwood, WV 26261 or email: email@example.com with “Halfway Run Contemporary Trail System Project” in the subject line.
USDA is an equal opportunity provider, employer, and lender.
The Pocahontas County Clerk’s Office will conduct a public test of the Express Vote and DS200 voting machines and Electionware Election Management System for Early Voting and Election Day for the General Election to be held on Tuesday, November 8, 2022.
The test will take place Tuesday, October 18, 2022, in the hallway of the Pocahontas County Courthouse beginning at 3:30 p.m.
Melissa L. Bennett
Clerk Pocahontas County Commission