Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA CIVIL ACTION NO: 24-C-729 TOWN OF EAST BANK, WEST VIRGINIA, BY AND THROUGH ITS SANITARY BOARD, a municipal corporation, Petitioner, v. 996.54 SQUARE FEET OF PERMANENT EASEMENT 15 FEET WIDE AND 2,157.25 SQUARE FEET OF TEMPORARY CONSTRUCTION EASEMENT 30 FEET WIDE IN THE EAST BANK DISTRICT OF KANAWHA COUNTY, WEST VIRGINIA, RITA JO ABERNATHY, BELINDA COSTELLO, NICK ABERNATHY, ANITA JOHNSON, MARY LOU VAZQUEZ, DONNA TORRES, MARILYN XOCHIPA, JUANITA M. ABERNATHY, DON ABERNATHY, JACKY RAY ABERNATHY III, JUDY LYNETTE ABERNATHY, and MICHAEL L. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA, Respondents. ORDER OF PUBLICATION TO: Rita Jo Abernathy There is now pending in the Circuit Court of Kanawha County, West Virginia, the above-styled civil action (the “Civil Action”). Parties to the Civil Action are the Town of East Bank, West Virginia, acting by and through its Sanitary Board (the “Town”), as the Petitioner, and Rita Jo Abernathy, among others, as the Respondents. Pursuant to its Verified Petition, the Town commenced the Civil Action to obtain an easement over, across, and through certain real property located in the East Bank District of Kanawha County, West Virginia, and identified more particularly as Tax Map 4, Parcel 139 (the “Subject Property”), for repairs, replacements, and upgrades to its waterworks system by the exercise of its eminent domain authority. For purposes of this Order of Publication, the Respondent, Rita Jo Abernathy, owns an interest in the Subject Property but has not conveyed an easement to the Town. The Town has made diligent efforts to complete personal service of process pursuant to West Virginia Rule of Civil Procedure 4(d)(1)(D) with respect to Respondent Rita Jo Abernathy. As of the date of this Order of Publication, the certified mailing has not been delivered. Notwithstanding, the Town desires to achieve service of process upon Rita Jo Abernathy by publication pursuant to West Virginia Code 59-3-2 and West Virginia Rule of Civil Procedure 4(e). Accordingly, it is hereby ORDERED that Rita Jo Abernathy must appear and serve upon the Town’s counsel, Evan G. Conard of the law firm Steptoe & Johnson PLLC, whose address is 707 Virginia Street East, Charleston, West Virginia 25301, an Answer or other response to the Verified Petition filed in this action within thirty (30) days after the date of the first publication of notice; otherwise, judgment by default will be rendered against either of them at any time thereafter. A copy of the Verified Petition can be obtained from the Circuit Clerk’s office in the Kanawha County Judicial Building located at 111 Court Street, Charleston, West Virginia 25301. Entered: June 28, 2024 Cathy S. Gatson, Clerk Circuit Court of Kanawha County, West Virginia By: Deputy Clerk CPugh LC-176324 07-02,09;2024