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 27, 2022
Claim Deadline: Monday, December 26, 2022
ESTATE NUMBER: 14403
ESTATE OF: LILLIAN L. MORRIS
EXECUTRIX: Rebecca Rabel
564 N Fork Ext. Road
Green Bank, WV 24944-1104
ESTATE NUMBER: 14419
ESTATE OF: WALLACE CALVIN SIMMONS
EXECUTRIX: Joyce Corbett
1859 Warrior Way
Dunmore, WV 24934-9041
ESTATE NUMBER: 14439
ESTATE OF: JOAN MAE CUTLIP
ADMINISTRATRIX: Barbara Lynn Williams
1726 Seebert Wilfong
Marlinton, WV 24954-9757
ESTATE NUMBER: 14447
ESTATE OF: TOMMY G. CAMPBELL
EXECUTRIX: Barbara J. Campbell
P. O. Box 11
Marlinton, WV 24954-0011
ESTATE NUMBER: 14449
ESTATE OF: ERNEST H. FRIEL
CO-EXECUTRIX: Gatha L. Friel
3392 Edray Road
Marlinton, WV 24954-6673
CO-EXECUTOR: Ian Drake
3392 Edray Road
Marlinton, WV 24954-6673
Subscribed and sworn to before me on October 21, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
10/27/2c
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
And
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
Presented by
Jason S. Long
WV State Bar #9080
Thomas W. White
WV State Bar #9544
DInsmore & Shohl, LLP
P. O. Box 1850,
Lewisburg, WV 24901
Phone 304-645-5360
FAX: 304-645-5375
10/20/2c
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
Melissa Rose
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.
Nancy Jordan
Magistrate Court Clerk
10/20/2c
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
Air Quality Permit Notice
Notice is given that Lantz Funeral Home, LLC, has applied to the West Virginia Department of Environmental Protection, Division of Air Quality, for a Modification Permit to correct the type of fuel burned to propane for a Pet Crematorium located at 16792 Seneca Trail, Buckeye, WV 24924, in Pocahontas County, West Virginia.
The latitude and longitude coordinates are: 38.207590 Latitude and -80.107070 Longitude.
The applicant estimates the potential to discharge the following Regulated Air Pollutants will be: SO2 0.13; NOx 0.46; VOC 0.04; Pb 0.0; PM 0.29; PM2.5 0.29; PM10 0.29; CO 0.32 amounts in tons per year.
Startup for the existing operation began on the 1st day of March 2021.
Written comment will be received by the West Virginia Department of Environment Protect, Division of Air Quality, 601 57th Street, SE, Charleston, WV 25304, for at least 30 calendar days from the date of publication of this notice.
Written comments will also be received via email at DEPAirQualityPermitting@WV.gov
Any questions regarding this permit application should be directed to the DAQ at 304-926-0499, extension 41281, during normal business hours.
Dated this the 20th day of October, 2022.
By: Lantz Funeral Home LLC
Douglas A. Lantz
16792 Seneca Trail
Buckeye, WV 24924
10/27/1c
NOTICE
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
10/20/2c
Forest Service Invites Public Input
on Special Use Permit Authorization
The Marlinton Ranger District on the Monongahela National Forest is proposing to authorize a special use permit, MAR2030, granting right of way for the use and maintenance of Forest Service Road 438A along approximately 2.5 miles. The use would allow ingress and egress of passenger vehicles, installation of 8 grade dips to divert water flow, repair 1 damaged drainage structure, routine operation and maintenance, and clearing of vegetation to facilitate listed maintenance and upgrades.
We anticipate this proposal to be categorically excluded from documentation in an Environmental Assessment (EA) or Environmental Impact Statement (EIS) under 36 CFR 220. 6(e) Category 3: Approval, modification, or continuation of special uses that require less than 20 acres of NFS lands.
Project information is available online at: https://www.fs.usda.gov/ sopa/forest-level.php?110921
Hard copies or additional information regarding this project can be requested from Sarah Dezelin, NEPA Planner, at Sarah.Dezelin@ USDA.gov or 304-846-2696.
As a result of the Consolidated Appropriations Act of 2014 (Public Law No. 113-76) and the Agricultural Act of 2014 (Farm Bill, Public Law No. 102-381), the Forest Service will no longer offer appeal opportunities for categorically excluded projects. However, we will continue to offer public involvement opportunities for these projects and will take public comments into consideration before final decisions are made. Therefore, we welcome your involvement and encourage your comments on this proposal. Comments received, including names and contact information of those who comment, will be considered part of the public record on this proposed action and will be available for public inspection. Comments submitted anonymously will be accepted and considered; however, anonymous comments will not provide the agency with the ability to provide the respondent with subsequent environmental documents.
Written comments concerning this proposal will be accepted until November 9, 2022.
Electronic comments including attachments must be submitted in a format such as an email message, plain text (.txt), portable document format (.pdf), or Word (.doc or .docx) to Comments-eastern-monongahela-gauley@usda.gov. Written comments must be submitted to: USDA Forest Service, Attn: Sarah Dezelin, 932 North Fork Cherry Road, Richwood WV, 26261.
The office business hours for those submitting hand-delivered comments are: 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays. Please state “Special Use Permit MAR2030” in the subject line when providing electronic comments, or on the envelope when replying by mail.
10/27/1c
Scoping Notice for the
Deer Creek Integrated Resource Project
USDA Forest Service
Monongahela National Forest
Greenbrier Ranger District
The Monongahela National Forest and responsible official, District Ranger Jack Tribble, welcome your feedback on the Deer Creek Integrated Resource Project, an 89,050-acre project area centered on the town of Green Bank, WV in Pocahontas County. This proposal seeks to improve stream habitat, riparian corridors, and hydrologic connectivity, improve public recreation and interpretive opportunities, reduce fuel loads, encourage oak regeneration, and improve forest diversity and wildlife habitat through a variety of actions including stream and soil restoration activities, dispersed recreation improvements, prescribed burning, and commercial and non-commercial timber management Proposal details are available on the project webpage: https://www.fs.usda. gov/project/?project=60882. Hard copies are available for review at the Greenbrier Ranger District office in Bartow or at the Green Bank Public Library.
If you have questions, would like more information about the proposal, or would like to request hard copies, contact Amy Albright, NEPA Coordinator, at 2499 North Fork Hwy, Petersburg, WV, 26847 (mail); 304-257-2482 (fax); amy.albright2@usda.gov (email); or 304-257-4488 extension 7128 (phone).
This opportunity to comment ends 30 days following the publication of this legal notice in The Pocahontas Times. The publication date of the legal notice in the newspaper of record is the exclusive means for calculating the time to submit written comments on a proposed project. It is the responsibility of all individuals and organizations to ensure that their comments are received in a timely manner. This project is subject to pre-decisional administrative review, also referred to as the objection process (36 CFR 218 Subparts A and B). Only those who submit timely and specific written comments (§218.2) regarding the proposed project or activity during a public comment period established by the responsible official are eligible to file an objection (§218.24(b)(6)). For issues to be raised in objections, they must be based on previously submitted timely, specific written comments regarding the proposed project unless based on new information arising after designated opportunities. Communications from the public regarding this project, including commenter’s names and contact information, will become part of the public record and will be available for public review.
Written comments must be submitted to: Jack Tribble, District Ranger, PO Box 67, Bartow, WV 24920 (mail); or 304-456-3441 (fax). Comments can be hand-delivered to the Bartow office at 7409 Staunton Parkersburg Turnpike from 8:00 a.m .to 4:30 p.m. Monday through Friday, excluding holidays. Electronic comments can be submitted via the Forest Service online comment system at: https://cara.fs2c.usda.gov/ Public//CommentInput?Project=60882.
Please state “Deer Creek Project” in the subject line when providing electronic comments, or on the envelope when replying by mail.
10/27/1c
POSITION AVAILABLE
TOWN OF MARLINTON
The Town of Marlinton is seeking a full-time combined position for Floodplain Manager and Building Inspector.
The Floodplain Manager is responsible for implementing the Town’s Floodplain Ordinance and maintaining records and documents that keep the community eligible to participate in the FEMA’s NFIP and Community Rating System.
The Building Inspector will issue all building permits within the Municipal Boundaries and follow-up with routine periodic inspections. Temporary provisional certification is good for two years, pending online courses showing progression.
Qualified candidates must have a high school diploma or equivalent and a valid West Virginia driver’s license. Successful candidate must possess a Certified Floodplain Management certificate, or will obtain and maintain such a Certificate within 18 months of beginning employment. Must pass a background check.
Salary range is $37,000 to $42,000 based on experience and qualifications. Benefits will be provided. 40-hour week, typically Monday – Friday. However, employee is subject to an occasional Saturday and/or a 24-hour call-out. During an emergency, candidate must respond in a timely manner.
The position will remain open until filled.
Submit applications/résumés to: Town of Marlinton, 709 Second Avenue, Marlinton, WV 24954; or email townofmarlinton@frontiernet.net
For more information, call 304-799-4315.
The Town of Marlinton is an equal opportunity employer.
10/27/2c