ORDER OF PUBLICATION
IN THE CIRCUIT COURT
OF FAYETTE COUNTY,
WEST VIRGINIA
CIVIL ACTION NO. 23-P-29
ANTHONY CILIBERTI, JR., PROSECUTING ATTORNEY OF FAYETTE COUNTY, WEST VIRGINIA, ON BEHALF OF THE
CENTRAL REGIONAL DRUG AND VIOLENT CRIME TASK FORCE,
PETITIONER,
VS:
ANNETTE M. JOHNSON,
RESPONDENT,
DAMITA JOHNSON,
RESPONDENT,
RANDALL E. BARB,
RESPONDENT,
MYRTLE M. BARB,
RESPONDENT,
AND
128 DICKERSON STREET, OAK HILL, FAYETTE COUNTY, WEST VIRGINIA; OAK HILL TAXING DISTRICT, TAX MAP 8, PARCEL 168; REAL PROPERTY DESCRIBED IN DEED OF RECORD WITH THE CLERK OF THE COUNTY COMMISSION, FAYETTE COUNTY, WEST VIRGINIA IN DEED BOOK NO. 792 AT PAGE 686, RECORDED MAY 14, 2020,
RESPONDENT
PROPERTY.
NOTICE OF FILING OF
PETITION FOR FORFEITURE
The object of this suit is to seek an Order forfeiting the herein-described property pursuant to the West Virginia Contraband Forfeiture Act, (Chapter 60A, Article 7, of the West Virginia Code, as amended).
TO: Any claimant of a right or interest in said property.
You have the right to file a claim to the herein-described property on or before June 29, 2023. Any such claim must clearly state the identity of the claimant and an address where legal process can be served upon said claimant.
1. The property seized and subject of this suit is described as follows:
128 DICKERSON STREET, OAK HILL, FAYETTE COUNTY, WEST VIRGINIA; OAK HILL TAXING DISTRICT, TAX MAP 8, PARCEL 168; REAL PROPERTY DESCRIBED IN DEED OF RECORD WITH THE CLERK OF THE COUNTY COMMISSION, FAYETTE COUNTY, WEST VIRGINIA IN DEED BOOK NO. 792 AT PAGE 686, RECORDED MAY 14, 2020,
2. The law enforcement agency responsible for the seizure is the Central Regional Drug and Violent Crime Task Force.
3. The Respondent Property and real property subject to forfeiture is real property located at 128 Dickerson Street, Oak Hill, West Virginia.
4. The Respondent Property and real property subject to forfeiture is further real property described in deed of record with the Clerk of the County Commission, Fayette County, West Virginia in Deed Book 792 at Page 686, recorded May 14, 2020.
5. Respondents, Annette Johnson and Damita Johnson, hold title to the Respondent Property as joint tenants with the right of survivorship.
6. Respondent, Annette Johnson, was in possession of the Respondent Property at all times described herein.
7. Respondents, Randall E. Barb and Myrtle M. Barb, hold a security interest in the Respondent Property in the form of a Deed of Trust, of record with the Clerk of the County Commission for Fayette County, West Virginia in Deed of Trust Book 1029 at Page 681.
8. The Petitioner is seeking to only forfeit the one-half interest of Respondent, Annette Johnson, in the Respondent Property.
9. The Petitioner is not seeking to forfeit the interests of Respondents, Damita Johnson, Randall E. Barb, nor Myrtle M. Barb, in the Respondent Property.
10. The Respondents, Damita Johnson, Randall E. Barb, and Myrtle M. Barb are not alleged to have in any way participated in the controlled substance distribution activities of Respondent, Annette Johnson, and said Respondents are named as parties solely because each Respondent has an interest in the Respondent Property.
11. After the date for filing of said claims, an Order of the Court directing forfeiture of the seized property to the State and vesting ownership of said property in the State shall be sought.
If you fail to file a claim, thereafter an Order, upon proper hearing, may be entered against you for the relief demanded in the Petition.
A copy of said Petition can be obtained from the undersigned Clerk at his office.
Travis W. Prince
Fayette County Circuit Clerk
E-FILED | 5/19/2023 3:14 PM
CC-10-2023-P-29
ID: 709623