NEWSPAPER ARCHIVE OF
The Pocahontas Times
Marlinton, West Virginia       More Newspaper Titles
April 26, 2012
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The peut0ntas imeS--April 26, 2012--Page 23 NOTICE OF TRUSTEE'S SALE OF VALUABLE REAL ESTATE Notice is hereby given that the undersigned, MICHAEL C. DOSS, SUBSTITUTE TRUSTEE, by virtue of that cer- tain Deed of Trust executed by Moore's Frontier, Inc., doing buslness as The Frontler, Inc., and bearing date the 1st day of January, 1990, and of record in the Office of the Clerk of the County Commission of Poca- hontas County, West Virginia, in Trust Deed Book 144, at page 364, the maker, having defaulted in payment of the notes secured by said Deed of Trust as pro- vided by the terms thereof, and the beneficial holder of the said notes, Mary L. Moore, having de- clared the whole of the indebted- ness there under to be due and payable; and having demanded the undersigned in writing to make sale of the real estate de- scribed in said deeds of trust, the undersigned Trustee will offer for sale and sell at public auc- tion to the highest responsible bidder on the 7th day of May, 2012, at 1:00 p.m., at the front steps of the Pocahontas County Courthouse In the Town of Marllnton, Pocahon- tas County, West Virginia, the premises, being and consist- lag of the following: All of that certain tract or par- cel of real estate situate in Edray District of Pocahontas County, West Virginia, joining US Route 219 near the intersection of Sec- ondary Route 219/19, on Dren- nen Ridge, and more particularly described as follows, to-wit: "BEGINNING at a a/ inch iron rod, set, on the right of way of US Route 219 on the south side of a farm road, corner to Thomas D. and Connie M. Moore; thence along the line of Thomas Moore, et. ux., for the next three courses: N 65-52 W a distance of 62.78 feet to a aA inch iron rod, set, in place of an iron pin found on the south side of a farm road; N 16-03 E crossing said road 53.00 feet to a 2 inch Brass Disc, set in place of an iron pin found; N 69-56 W at 38.00 feet crossing a drain, at 262.00 feet passing a fence post, corner to Thomas Moore, at. ux., and Earl S. Moore and Mary L. Moore, continuing through the land of Earl Moore, at. ux., 359.00 feet total to a 2 inch Brass Disc, set on the north side of a farm road; thence N 7- 14 E through the land of Earl Moore, et. ux., 463.72 feet to a a, inch iron rod, set in a fence line, on the line of Eddie Van- Reenan and Eleanor V. Shiflett; thence S 84-23 E along the line of Eddie VanReenan, et. al., 143.57 feet to a a, inch iron rod, set on the line of said Van- Reenan; thence through the land of Earl Moore, et. ux., for the next three courses: S 5-12 W a distance of 263.95 feet to a rail- road spike, set; N 89-04 E a dis- tance of 159.09 feet to a z/4 inch iron rod, set on the north side of a gravel access road; S 75-04 E at 179.23 feet passing a a/ inch iron rod, set, 184.08 feet total to a point on the right of way of US Route 219; thence along the right-of-way of said road for the next two courses: $19-25 W a distance of 200.81 feet to a point on the right of way; S 24-28 W a distance of 163.34 feet to the point of beginning, containing 3.76 acres and described as Lot Number 1 on a plat of record in the Office of the Clerk of the County Commission of Poca- hontas County, West Virginia, in Deed Book 157, at page 381. And being the same tract or parcel of real estate as acquired by The Frontier, Inc., by the pro- visions of a Deed of Conveyance from Earl S. Moore and Mary L. Moore, husband and wife, sa, id Deed bearing date the 1st day of November, 1980, and of record in the Office of the Clerk of the County Commission of Poca- hontas County, West Virginia, in Deed Book 157, at page 378. The above-described real es- tate shall be sold subject to any claims, liens, assessments, taxes, restrictions, covenants, conditions, and encumbrances against the same. The Trustee shall convey title with covenants of Special War- ranty. The purchaser shall pay all taxes due and payable against the said property and all taxes hereafter due and assessed against the said property. TERMS OF SALE: Cash in hand on day of sale or prior ap- proved credit. CONDITION OF SALE: Said property shall be sold to the highest responsible bidder, with the right reserved to the said County Commission of Poca- Mary L. Moore, to bid at said sale hontas County, West Virginia in and to continue the said sale by Deed Book 292, at page 442. declaration from time to time, as they may choose. Given unto my hand this the 16th day of April, 2012.. MICHAEL C. DOSS, SUBSTITUTE TRUSTEE 4/26/2c NOTICE OF TRUSTEE'S SALE Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Anita Frances Grimes to Samme L. Gee and Lew G. Tyree, Trustee(s) dated Novem- ber 23, 2004, and recorded in the office of the Clerk of the County Commission of Poca- hontas County, West Virginia, in Trust Deed Book 253, at page 449 and rerecorded in Trust Deed Book 258, at page 378, by which was conveyed to said Trustee(s) the hereinafter de- scribed real estate to secure the payment of a certain promissory note set out and described therein, and default having been made in the payment of said note, the undersigned Substitute Trustee(s) having been ap- pointed Substitute Trustee by an Appointment of Substitute Trustee dated March 7, 2012, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on May 2, 2012 at 9:00 a.m., st the front door of the courthouse of Pocahontas County, West Virginia, the real estate conveyed by said deed of trust and situate in Huntersville District, Pocahontas County, West Virginia, together with easements, improvements and appurtenances thereunto be- longing, and at the time of the signing of the Deed of Trust it was reported that the address was: HC 82, BOX 71A, Marlin- ton, West Virginia 24954 and being more particularly bounded and described therein as follows: All of that certain tract or par- cel of real estate situate in Fern Hill Subdivision near the settle- ment of Huntersville in the Huntersville District of Pocahon- tas County, West Virginia, and known as Lot 3 of Section A, containing 2.08 acres, more or less, as shown on a plat of sur- vey drawn by William E. Dilley, LLS in November, 1996, and which said plat is of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Plat Book 10, at page 14. And being the same tract or parcel of real estate as acquired by Anita Grimes, by the provi- sions of a Deed of Conveyance from Norval C. Beverage and Kathleen Beverage, said deed bearing date the 23rd day of No- vember, 2004, and recorded in the Office of the Clerk of the This sale is made subject to any special assessments, un- paid taxes, easements, condi- tions, reservations and restrictions affecting the afore- said real estate. The property will be conveyed in an "AS IS" condition by Deed containing no warranty, express or implied, subject to all property taxes, prior Deeds, liens, reser- vations, encumbrances, restric- tions, rights of ways, easements, covenants, conveyances and conditions of record in the Clerk's office or affecting the subject property. Pursuant to the terms of said deed of trust, the Trustee(s) may postpone the sale by public an- nouncement at the time and place designated for the sale. The West Virginia Housing De- velopment Fund or its designee may purchase the property at any sale. The Substitute Trustees shall be under no duty to cause any existing tenant or person occu- pying the property to vacate said property, and any personal prop- erty and/or belongings remaining at the property after the foreclo- sure sale will be deemed to con- stitute ABANDONED PROPERTYAND WILL BE DIS- POSED OF ACCORDINGLY. TERMS OF SALE: Cash in hand on day of sale. DATED this 3rd day of April, 2012. Richard A. Pill Substitute Trustee 304-263-4971 Kristin A. Shaffer Substitute Trustee 304-391-8648 4/19/2c ORDER OF PUBLICATION FAMILY COURT OF POCAHONTAS COUNTY, WEST VIRGINIA CIVIL ACTION NO. 12-D-16 IN RE THE MARRIAGE OF: CORNELL E. MORRIS, PETITIONER AND TONYA SMITH MORRIS, RESPONDENT THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE To the Above Named Respon- dent: It appearing by affidavit filed in this action that TONYA SMITH MORRIS is a non-resident of the State of West Virginia, it is hereby ordered that TONYA SMITH MORRIS serve upon CORNELL E. MORRIS, Peti- tioner's attorney, whose address is 1500 NORTH CONGRESS AVENUE APT B-45, WEST PALM BEACH, FL 33401, an Answer including, any related Counterclaim or defense you may have to the Petition for Di- vorce filed in this action on or be- Legals cont. to pg. 24 WEST VIRGINIA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS NOTICE TO CONTRACTORS Bids will be received electronically by the West Virginia Department of Transportation, Division of Highways, through the Bid Express Bid- ding Service (www.bidx.com) and by sealed proposals (only when In'e- qualification is waived) [being received] at its office in Building 5, Room A-748, 1900 Kanawha Boulevard East, Charleston, West Vir- ginia, until MAY 10, 2012, 10:00 a.m (Eastern Standard Time). The bids will be downloaded and/or opened and read publically thereafter for the construction of the following project (s): CALL: 028; CONTRACT: 0815991; STATE PROJECT: $388- 02500/00-011.81 00; DESCRIPTION: SLIDE REPAIR W/PILING DURBIN ROAD 0.97 MILES NORTH OF CO 219/3; COUNTY: POCAHONTAS Proposals will be received from prequalified and West Virginia li- censed contractors only except that on Federal-Aid Projects a contrac- tor's license is not required at time of bid, but will be required before work can begin. Registration is required with the Department of Ad- ministration, Division of Purchasing, in accordance with Chapter 5A, Article 3, Section 12 of the West Virginia Code. All contractors sub- mitting bids on project(s) must include one of the following forms prop- erly executed with each proposal: Proposal Guaranty Bond, Cashier's Check, or Certified Check for $500.00 or 5% of total bid, whichever is greater. *These are projects on which any contractor with a Category "W" Prequalificaton Rating may be eligible to bid. The West Virginia Department of Transportation, Division of High- ways, reserves the right to defer, delay or postpone the date for receiv- ing and publicly opening proposals for any project designated in this advertisement, without the necessity of renewing such advertisement. All bidders holding valid bidding proposals will be notified of such de- ferment, delay or postponement and the date that proposals will be re- ceived and publicly opened. The West Virginia Department of Transportation, Division of High- ways hereby notifies all bidders that it will afftrmatively ensure that in any contract entered into pursuant to this advertisement, minority busi- ness enterprises will be afforded full opportunity to submit bids in re- sponse to this invitation and will not be discriminated against on the grounds of race, color, religion, sex or national origin in consideration for an award. West Virginia Department to Transportation Division of Highways Robert L. Pennington, P.E. Director of Program Planning and Administration 4/19/2c NOTICE OF APPLICATION TO CHANGE RATES CASE NO. 11-1396-SWF-19A POCAHONTAS COUNTY SOLID WASTE AUTHORITY On September 22, 2011, Pocahontas County Solid Waste Authority, a public utility, filed with the Public Service Commission of West Virginia, an application requesting increased rates and charges for furnishing solid waste disposal service at the Pocahontas County Solid Waste Landfill in Poca- hontas County. The Staff of the Public Service Commission has reviewed the application and has recommended increased rates and charges designed to produce approximately $72,633, annually, in additional revenue, and an increase of 30.61% in tipping fees. A comparison of the present and Staff-recom- mended rates follow: Staff-recommended* Per ton $49.00 $64.00 Minimum Charge $12.25 for 500 pounds or less $16.00 for 500 pounds or less "re Dospisal $100.00 per ton $100.00 per ton (*Subject to County and State Taxes) Anyone desiring to protest the changed rates and charges must do so, in writing, within ten (10) days of the date of publication of this notice. All protests should be addressed to the Executive Sec- retary, Public Service Commission of West Virginia, PO Box 812, Charleston, West Virginia 25323. To help the Commission determine the justification for additional review and investigation, protests must be specific as to reasons that the changed rates and charges should be modified. In addition, anyone desiring a hearing in this matter must demand a hearing in the letter of protest. If no substantial protest is received, the Commission may approve the Staff-recommended rates without a hearing. Pocahontas County Solid Waster Authority 4/19/2c MUNICIPALITY OF TOWN OF DURBIN, WEST VIRGINIA FISCAL YEAR JULY 1, 2012 - JUNE 30, 2013 STATE OF WEST VIRGINIA MUNICIPALITY OF TOWN OF DURBIN, WEST VIRGINIA In accordance with Code 11-8-14, as amended, the Council preceeded to make an estimate ot the amounts necessary to be raised by levy of taxes for the current fiscal year, and does determine and estimate the several amounts to be as follows: The amount due anf the amount that will become due and collectible from every source during the fiscal years INCLUDING THE LEVY OF TAXES, is as follows: REVENUE SOURCE Assigned Fund Balance 6,337 Unassigned Fund Balance 32,232 Property Taxes - Current Expense (Linked to Rate & Levy Tab) 18,921 Gas and Oil Severance Tax 250 Excise Tax on Utilities 1,450 Animal Control Tax 63 Licenses 840 Building Permit Fees 170 IRP Fees (Interstate Registration Plan) 71 Municipal Service Fees 8,300 Refuse Collection 20,000 Other Grants 30,000 Gaming Income 13,132 Filing Fees 30 Video Lottery 200 Grand Total -General Fund Revenues 131,996 COAL SEVERANCE TAX FUND Assigned Fund Balance Coal Severance Tax Interest Earned on Investment Grand Total - Coal Severance Tax Fund Revenues General Fund ESTIMATED CURRENT EXPENDITURES Mayor's Office 1,800 City Council 1,500 Recorder's Office 900 Treasurer's Office 2,400 Police Judge's Office 1,500 City Attorney 3,600 City Auditor 6,000 Purchasing Department 3,000 Printing 3,500 Custodial 240 Regional Development Authority 200 Elections 2,200 City Hall 15,500 Public Works Department 21,500 Fire Department 500 Ambulance Authority 35 Fire Fee Distribution 500 Streets and Highways 2,500 Street Lights 3,200 Snow Removal 3,500 Garbage Department 11,000 Landfill/Incinerator 6,000 Other Health Program 1,000 Storm Sewer 5,000 Travel Council 1,000 Fair Associations/Festivals 30,000 Playgrounds 421 Library 1,000 Beautification Programs 1,000 Street and Transportation 1,500 Total Expenditures 131,996 Excess Levy/Levies Column E Levy Rate/S100 Class I Personal Property $ 0 37.500 Public Utility 0 Total Class I $ 0 Class II Real Estate $2,685,170 75.000 Personal Property 8,964 Total Clou II. $2,694,134  :.:=:. Class IV Real Estate $1,157,900 150.000 Personal Property 1,189,853 Public Utility 452,700 Total Class IV $2,800,453 Total Value & Projected Revenue $5,494,587 Less Delinquencies, Exonerations & Uncollectible Taxes 5.00% Less Tax Discounts 2.00% Net Amount to be Raised by Levy for Budget Purposes Regular Current Expense Levy Column E Levy Rate/$100 Class I Personal Property $ 0 12.500 Public Utility 0 Total Class I $ 0 Class II Real Estate $2,685,170 25.000 Personal Property 8,964 Total Class II $2,694,134 Class IV Real Estate $I ,I 57,900 50.000 Personal Property 1,189,853 Public Utility 452,700 Total Class IV $2,800,453 Total Value & Projected Revenue $5,494,587 Less Delinquencies, Exonerations and Uncontrolled Taxes 5.00% Less Tax Discounts 2.00% Less Allowance for Tax Increment Financing if Applicable Total Projected Tax Collection Less Assessor Valuation Fund (Subtracted from regular current expense taxes levied only) 2.00% Net Amount to be Raised by Levy or Property Taxes Excess Bond, or Permanent Improvement Levy Column E Levy Rate/$100 Class I Personal Property $ 0 Public Utility 0 Total Class I $ 0 12.500 Class II Real Estate $2,685,170 Personal Property 8,964 Total Class II $2,694,134 25.00 Class IV Real Estate $1,157,900 Personal Property 1,189,853 Public Utility 452,700 Total Class IV $2,800,453 Total Value & Projected ' Revenue $5,494,587 Less Delinquencies, Exonerations & Uncollectable Taxes Less Tax Discounts Net Amount to.be Raised by Levy For Budget Purposes: 50.00 6,337 1,804 3 8,144 Coal Severance Fund Taxes Levied $0 0 0 20,139 67 ' " 20,206 17,369 17,848 6,791 .42,008 62,214 3,111 1,182 57,921 Taxes Levied 0 0 0 6,713 22 6,735 5,790 5,949 2,264 14,003 20,738 1,037 394 0 19,307 386 18,921 Taxes Levied 6,713 22 6,735 5,790 5,949 2,264 14,003 20,738 5.00% 1,037 2.00% 394 19,307 STATE OF WEST VIRGINIA COUNTY OF POCAHONTAS MUNICIPALITY OF DURBIN I, John Osborne, Recording Officer of said municipality, do hereby certify that the foregoing are true :opies from the record of the orders made and entered by the council of the said municipality on the 28th, day of March, 2012. John Osborne, Recorder