Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA CIVIL ACTION NO: 19-C-647 Judge Charles E. King NR DEED, LLC, an Indiana Limited Liability Company Plaintiff v. IDA J. BARNETTE, and MIDLAND FUNDING LLC, c/o JAVIS BLOCK, LLC, an Ohio Limited Liability Company Defendants ORDER GRANTING MOTION FOR LEAVE TO SERVE IDA J. BARNETTE BY PUBLICATION ON A FORMER DAY CAME Plaintiff, by its counsel, John Kennedy Bailey, and moved the Court for leave to serve the Defendant by publication in the above styled civil action. The Court finds as follows: 1. Whereas, the Plaintiff, NR Deed, LLC is, and has at all times alleged herein was, a Indiana Limited Liability Company. 2. Whereas, the Defendant, Ida J. Barnette, was before April 2019, the owner of the property in question in question in this complaint, located at 1008 West Virginia Avenue, Kanawha County, Dunbar, WV, 25064 and identified further as “LT 125 BK P W VA AVE 1008” and also described as account #06387448, located in the DUNBAR tax district and identified as Map 12, Parcel 0345. 3. Whereas, in November 2017, Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust as Custodian for GSRAN-Z, LLC, (hereinafter “Christiana Trust”), Plaintiffs predecessor in title, purchased a tax lien on the property at the annual “Sheriffs Tax Sale,” where the Sheriff sold tax liens for those properties with delinquent 2016 taxes. 4. Whereas, as described below, the Kanawha County Clerk ultimately issued a “Tax Sale Deed” to Christiana Trust dated the 10th of April, 2019, which deed may be found in the Office of the Clerk of the County Commission of Kanawha County at Deed Book 3033 at Page 732. 5. Whereas, Christiana Trust conveyed the property to the Plaintiff by deed dated on May 20, 2019 in Deed Book 3039 at Page 93. 6. Whereas, on or about June 25, 2019, Plaintiff filed a Complaint in the Circuit Court of Kanawha County, naming as Defendant Ida J. Barnette. 7. Whereas, the Kanawha county Clerk attempted to serve Ida J. Barnette by certified mail at 414 Jordan Street, Dunbar, WV 25064. 8. Whereas, a process server attempted service on the Defendant Ida J. Barnette, but failed. 9. Whereas, Rule 4(e) of the West Virginia Rules of Civil Procedure permits service by publication for the Defendant Ida J. Barnette. 10. Whereas, without service of the complaint this matter may not proceed. Until this matter is resolved, the Plaintiff is unable to quiet the title to its property. WHEREFORE, the COURT FINDS that service by publication is just and proper in this matter and the COURT ORDERS the Circuit Clerk of Kanawha County as follows: (1) to send a certified copy of this “Order Allowing Service by Publication” to John Kennedy Bailey, P.O. Box 2505, Charleston, WV 25329-2505; (2) to prepare and enter an “Order of Publication” against Defendant Ida J. Barnette pursuant to Rule 4(e) of the West Virginia Rules of Civil Procedure; and (3) to send a certified copy of the “Order of Publication” to John Kennedy Bailey, P.O. Box 2505, Charleston, WV 25329-2505, so that he may publish the required notices in the appropriate newspaper. Entered this 6th day of January, 2020 Judge Charles E. King Prepared by John Kennedy Bailey (WVSB#6857) JOHN KENNEDY BAILEY PLLC P.O. Box 2505 Charleston, West Virginia 25329 Phone: (304) 346-5646 Fax: (304) 346-2626 Counsel for Plaintiff LC-87114 01-29/02-05;2020