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
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
IN THE CIRCUIT COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff
vs Civil Action No. 22-C-14
ANTHONY B HAMILTON, Defendant Judge Richardson
ORDER OF PUBLICATION
The object of the above entitled action is a Retail Installment Sale contract entered into by Anthony B. Hamilton (“Borrower”) with First National Bank of Pennsylvania on or about September 27, 2019, secured by Collateral (2011 Dodge Caliber) in the possession of the Defendant.
The Plaintiff seeks acceleration of the balance owed based on the Borrower’s default.
The Plaintiff has provided an affidavit showing diligent efforts to serve the Borrower via the Sheriff of Pocahontas County at two separate addresses, but to no avail.
The last known mailing address of the defendant, Anthony B. Hamilton, is as follows:
Anthony B. Hamilton
75 Dunmore Road
Dunmore, WV 24934
Anthony B. Hamilton
35 June Galford Road
Dunmore ,WV 24934
IT IS ORDERED that Anthony B. Hamilton serve upon Plaintiff, whose address is:
First National Bank of Pennsylvania
c/o Jason S. Long, Esquire
Dinsmore & Shohl, LLP
PO 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 first publication hereof, otherwise judgment by default will be taken against Defendant, Anthony B. Hamilton, at any time thereafter.
A copy of said Complaint 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.
ENTERED by the Clerk of said Court this 7th day of October, 2022.
Connie M. Carr, Clerk of Court
By Cindy D. Beverage, Deputy
Jason S. Long
WV State Bar #9080
Thomas W. White
WV State Bar #9544
DInsmore & Shohl, LLP
P. O. Box 1850,
Lewisburg, WV 24901
ORDER OF PUBLICATION
IN THE MAGISTRATE COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
Citizens Bank of West Virginia
P. O. Box 1519, 211 Third Street
Elkins, WV 26241 Plaintiff
v Civil Action No. 22-M38C-00157
2934 Thorney Creek Mountain Road
Dunmore, WV 24934 Defendant
THE OBJECT of the above entitled action is to obtain judgment against the defendant, Melissa Rose.
And it appearing by affidavit filed in this action that the defendant was not served, either personally or by way of service upon an appropriate family member, after service was twice attempted by the Sheriff of the county in which the defendant resides or is located.
IT IS ORDERED that Melissa Rose serve upon Magistrate Cynthia Broce-Kelley, Magistrate, whose address is 900 Tenth Avenue, Marlinton, WV 24954, an answer or other defense to the complaint filed in this action on or before or within one (1) month of the date of first publication thereof, otherwise judgment by default will be taken against the Defendant at any time thereafter.
A copy of said complaint can be obtained from the undersigned Clerk at her office.
Entered by the Clerk of said Court, October 11, 2022.
Magistrate Court Clerk
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
CONTRIBUTION REQUEST GUIDELINES
In order to better serve all individuals, groups and organizations seeking contributions and/or funding from the Pocahontas County Commission, our office has set aside the first Tuesday of August, November, February and May for discussion and/or action of requests made for consideration. Letters or other correspondence may be addressed to our office at 900 Tenth Avenue, Marlinton, West Virginia 24954. Appointments or scheduling of presentations may still be made at any meeting, noting that decisions may be deferred until one of the above-scheduled dates. Guidelines for contributions for fiscal year 2022-2023 are listed below.
The Pocahontas County Commission will have four (4) funding request meetings per year, one meeting per quarter. To be considered for contribution requests:
(1). All groups, organizations or entities must have representative available at County Commission meeting at time of the initial presentation; no exceptions will be made;
(2). All groups, organizations or entities must show proof (i.e., copy) of its Internal Revenue Service (IRS) issued 501(c) or other non-profit status, or in the case of a public entity (i.e., school board or town), a verified statement of public purpose behind the request; the information requested in this section must be made available to the Commission upon the initial presentation, noting that if any of the documentation is missing the request will not be considered by the Commission;
(3). All individuals, groups, organizations or entities seeking contributions must possess a valid copy of the Internal Revenue Service (IRS) issued 501(c) or other non-profit documentation matching the exact name of the group, organization or entity, except in the case of a public entity (i.e., school board or town) or a request of $500.00 or less (see No. 7 below); no other exceptions will be made;
(4). All requests must contain itemized budget and a financial statement from group, organization or entity at time of initial request, or if request is from a public entity (i.e., school board or town) such budget and financial documents must be presented for the specific project; the information requested in this section must be made available to the Commission upon the initial presentation, noting that if any of the documentation is missing the request will not be considered by the Commission;
(5). Only one request per fiscal year from each group, organization or entity will be considered and such request may only be presented no sooner than the one (1) year anniversary of any prior request, and will be determined by the named payee on previously issued checks; no exceptions will be made;
(6). No requests will be approved for any group, organization or entity in an amount over and above $5,000.00 per fiscal year;
(7). Any group, organization or entity requesting a contribution from the Commission in an amount of $500.00 or less per fiscal year shall be exempt from providing documentation regarding its 501(c) or other non-profit status; however, all requests must contain itemized budget and a financial statement; the information requested in this section must be made available to the Commission upon the initial presentation, noting that if any of the documentation is missing the request will not be considered by the Commission.
(8). Any group, organization or entity which receives a contribution and/or funding from the Pocahontas County Commission must file at the end of the State’s fiscal year, a report of all disbursements of the funds. Such report of disbursements must be in the form of an audit performed by an independent certified public accountant or, in lieu thereof, by submission of a statement sworn, under oath, by the highest officer or authority of the recipient, group, organization or entity. For purposes of this paragraph the State’s fiscal year runs from July 1st to June 30th.
The Pocahontas County Commission
Revised April 17, 2018