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, September 15, 2022
Claim Deadline: Monday, November 14, 2022
ESTATE NUMBER: 14404
ESTATE OF: PATRICK WILLIAM BUCKLEY
EXECUTRIX: Viola Buckley
23 Walnut Bottom Road
Marlinton, WV 24954-6684
ESTATE NUMBER: 14433
ESTATE OF: SHIRLEY D. ARMSTRONG
EXECUTRIX: Melissa Bennett
571 Old Campbelltown Road
Marlinton, WV 24954-6526
Subscribed and sworn to before me on September 9, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
IN THE CIRCUIT COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
THAT BEING THE JUVENILE COURT OF SAID COUNTY
IN THE MATTER OF: R. J. Case No.: 22-JA-26(D)
The object of this action is to notify Adult Respondent, Unknown Father of R.J., of an Adjudicatory/Disposition/Termination of Parental Rights Hearing scheduled herein so that said Adult Respondent, Unknown Father of R. J., may appear to protect his interests.
ORDER OF PUBLICATION
AND NOTICE OF HEARING
TO: UNKNOWN FATHER OF R. J.
You are hereby notified that an abuse and/or neglect and/or abandonment Petition has been filed with the Circuit Court of Pocahontas County, West Virginia, on the 2nd day of August, 2022, and assigned Case Number: 22-JA-26(D), wherein the mother of the infant, R. J., is Carla Johnson. The father of the infant, R. J., is unknown.
An Adjudicatory Hearing will be held in this matter on the 29th day of September 2022 at 3:15 p.m. at the Pocahontas County Courthouse, 900 Tenth Avenue, Marlinton, WV, 24954.
You are hereby notified that you have the right to have Counsel present at all stages of these proceedings, and Grady Ford has been appointed as Counsel for Adult Respondent, Unknown Father of R. J., telephone number 304-645-1858.
ALL SUCH PROCEEDINGS CAN RESULT IN THE PERMANENT TERMINATION OF CUSTODIAL AND PARENTAL RIGHTS TO SAID INFANT CHILD.
Accordingly, you who may have an interest in these proceedings must attend and may make such defense as you shall deem advisable on or before the date and time aforesaid, or termination of your custodial and parental rights may be ordered by the Court.
A copy of said Petition can be obtained from the office of the Circuit Clerk of Pocahontas County, West Virginia, at the Pocahontas County Courthouse, Marlinton, West Virginia, 304-799-4604.
State of West Virginia and
Child Protective Services Division
Teresa W. Helmick
WV State Bar No. 5750
900 Tenth Avenue
Marlinton, WV 24954
Entered by the Clerk of said Court September 9, 2022.
Connie M. Carr
Clerk of Court
By Cindy D. Beverage, Deputy
TRUSTEE’S SALE OF VALUABLE REAL ESTATE
15 Bright St F/K/A 15 Kinnison Street, Hillsboro, WV 24946
In a Deed of Trust dated December 23, 2003, and duly recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed of Trust Book 0237, at page 0127 Bernice F Lucabaugh and Brent A Lucabaugh did convey unto DAN L. WITHERS, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Pocahontas County Courthouse, 900-C Tenth Avenue, Marlinton, West Virginia 24954 on:
November 4, 2022
at 12:00 P.M.
The property for sale as described by the Deed of Trust is as follows:
ALL OF THAT CERTAIN TRACT OR PARCEL OF REAL ESTATE, SITUATE IN THE TOWN OF HILLSBORO, IN LITTLE LEVELS DISTRICT, POCAHONTAS COUNTY, WEST VIRGINIA, AND CONTAINING 17,300 SQUARE FEET, MORE OR LESS, WHICH PARCEL OF LAND IS DESCRIBED BY THE FOLLOWING METES AND CALLS, TO-WIT:
BEGINNING AT PIPE STAKE AT FENCE POST CORNER TO AND WITH CLIFORD BROWN LOT. N 47-15 W 161.5 FEET TO A PIPE STAKE AT THE KIRK LINE, LEAVING BROWN AND WITH KIRK, S 49-00 W 100 FEET TO A PIPE STAKE, LEAVING KIRK S 47-15 E 184 FEET TO POINT AT EDGE OF STREET AND WITH STREET N 36-00 E 100 FEET TO PLACE OF BEGINNING.
AND BEING THE SAME TRACT OR PARCEL OF REAL ESTATE AS ACQUIRED BY BERNICE F. LUCABAUGH AND BRENT LUCABAUGH BY THE PROVISIONS OF A DEED OF CONVEYANCE FROM BERNICE F. LUCABAUGH, SAID DEED BEARING DATE THE 23RD DAY OF DECEMBER, 2003, AND TO BE RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF POCAHONTAS COUNTY, WEST VIRGINIA, IMMEDIATELY PRIOR TO THIS DEED OF TRUST.
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Pocahontas County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $3,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127, (443) 815-3931
ADVERTISEMENT FOR BIDS
Pocahontas County Commission
Old County Clerk’s Office Huntersville
Seeking Sealed Bids for the partial reconstruction of the Old County Clerk’s Office in Huntersville, Pocahontas County, WV:
Furnishing all materials, labor, and necessary items for the partial reconstruction of the former County Clerk’s Office located at Barlow Road, Huntersville, WV, as indicated on the Plans.
Sealed Bids for the construction will be received at the office of the Pocahontas County Commission, Pocahontas County Courthouse, 900 10th Ave, Marlinton, WV 24954, 304-799-4549, until 4:30 p.m. local time on Friday, September 30, 2022. The bids will be publicly opened and read Tuesday, October 4, 2022, at 9:15 a.m.
A mandatory pre-bid conference will be conducted at the former County Clerk’s Office at Barlow Road, Huntersville, WV, at 1:00 p.m. Friday, September 23, 2022.
Bidders may examine and/or obtain the Bidding Documents electronically by emailing: Michael Gioulis at firstname.lastname@example.org
Prospective Bidders should note that these contracts will include the following critical requirements:
1. WV Contract Licensing Act – All bidders are required to have a West Virginia Contractor’s License per Section §21-11-11 of the West Virginia Code.
2. Proof of Liability Insurance
3. WV Drug Free Workplace
NONDISCRIMINATION IN EMPLOYMENT
Bidders on this work will be required to comply with the President’s Executive Order No. 11246. The requirements for bidders and contractors under this order are explained in the specifications.
WV Alcohol and Drug Free Workplace Act
WEST VIRGINIA CODE 21-1D-5 PROVIDES THAT ANY SOLICITATION FOR A PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT REQUIRES EACH VENDOR THAT SUBMITS A BID FOR THE WORK TO SUBMIT AT THE SAME TIME AN AFFIDAVIT OF COMPLIANCE WITH THE BID. THE ENCLOSED DRUG-FREE WORKPLACE AFFIDAVIT MUST BE SIGNED AND SUBMITTED AS EVIDENCE OF THE VENDOR’S COMPLIANCE WITH THE PROVISIONS OF ARTICLE 1D, CHAPTER 21 OF THE WEST VIRGINIA CODE. FAILURE TO SUBMIT THE SIGNED DRUG-FREE WORKPLACE AFFIDAVIT SHALL RESULT IN DISQUALIFICATION OF SUCH BID.
All bidders are required to have a WV contractor’s license in accordance with Section 21-11-11 of the WV State Code and liability insurance.
The Pocahontas County Commission reserves the right to reject any or all bids.
No Bidder may withdraw his bid within 90 days after the actual date of the opening thereof.
Region 4 Planning and Development Council will have an Executive Committee Meeting Thursday, September 22, 2022, at 10:00 a.m. via Zoom Meeting.
The Region 4 PDC Office is located at 885 Broad Street, Suite 100, Summersville, WV 26651.
Please call 304-872-4970 ext. 314 for further information regarding attending this meeting online.