IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA CIVIL ACTION NO. 24-C-692 JUDGE SALANGO FIRST COMMUNITY BANK Plaintiff, v. DAVID W. KINNEY, Defendant. ORDER OF PUBLICATION THE OBJECT OF THIS ACTION IS TO COLLECT A DEBT. To Defendant: DAVID W. KINNEY: It appearing by Affidavit filed in this action that the Plaintiff, First Community Bank, has used due diligence to ascertain the current address of David W. Kinney, without effect, it is hereby ORDERED that the Defendant, DAVID W. KINNEY, serve upon Paige K. Vagnetti of Dinsmore & Shohl LLP, the Plaintiff’s attorney, whose address is 215 Don Knotts Blvd., Suite 310, Morgantown, WV 26501, an Answer, including any related counterclaim or defense that he may have to the Complaint filed in this action on or before thirty (30) days from the date of the first publication of this Order of Publication. If the Defendant fails to timely serve such answer, judgment by default may be taken against him for the relief demanded in the Complaint. DATED this 11TH day of OCTOBER, 2024. The Honorable Tera Salango Prepared by: Paige K. Vagnetti (WVSB #12828) DINSMORE & SHOHL LLP 215 Don Knotts Boulevard, Suite 310 Morgantown, WV 26501 Telephone: (304) 296-1100 Facsimile: (304) 296-6116 Counsel for Plaintiff LC-199129 11-14,21;2024
Legal Notices
NOTICE OF SUCCESSOR TRUSTEE’S SALE NOTICE OF SUCCESSOR TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Successor Trustee by those Deeds of Trust, executed by borrowers, Timothy P. Daly and Anne Fuller Daly, dated December 14, 2023, and recorded on December 15, 2023 in the office of the Clerk of the County Commission of Cabell County, West Virginia (the “Clerk’s Office”), in Book 2946, at Page 30 and Book 2946, at Page 39, respectively. Julian Pecora (“Successor Trustee”) was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE, on both Deeds of Trust, which were dated October 29, 2024, and recorded in the Clerk’s Office on October 30, 2024, in Book 421, at Page 536 and Book 421, at Page 540, respectively. The borrower(s) have defaulted under the Notes and Deeds of Trust and the Successor Trustee has been instructed, by Robert S. Duckworth, to foreclose under the Deeds of Trust. Accordingly, the Successor Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Cabell County, in Huntington, West Virginia, on: MONDAY, DECEMBER 2, 2024 AT 10:00 A.M. All of that certain lot or parcel of real estate, together with any buildings and improvements situate thereon and appurtenances thereunto belonging, situate on the waters of Cyrus Creek, a tributary of Mud River, primarily in Barboursville District and partly in Mccomas District, Cabell County, West Virginia, containing 100.8 acres, but excepting therefrom 3.49 acres, together with the right of way to said 3.49 acre tract, leaving and being more particularly bounded and described as follows: BEGINNING at an iron pipe in the westerly line of Cyrus Creek Road (County Route No. 30) at the beginning corner of the 93.39 acre tract of land being described in a deed from Myron D. Vance and Alice M. Vance to Thomas W. Pettit and Sally C. Pettit dated May 28, 1992 and recorded in the office of the Clerk of the Cabell County Commission in Deed Book 948, page 285, and running thence from said beginning point with the westerly line of Cyrus Creek Road (County Route No. 30), S. 06 34′ W., 292.40 feet to a point; thence S. 21 37′ E., 396.00 feet to a point; thence leaving said road and running up the hill with outer line of said 93.39 acre tract, S. 66 35′ W., 906.50 feet to a point; thence continuing with the outer line of said 93.39 acre tract, N. 81 05′ W., 133.30 feet to a point; thence N. 46 26′ W., 451.60 feet to a point; thence N. 60 16′ W., 382.40 feet to a point; thence N. 82 51′ W., 729.70 feet to an iron pipe at the base of 48 inch oak, said point being a common corner to the tract of land containing 7.40 acres being described in a deed from Myron D. Vance and Alice N. Vance to Thomas W. Pettit and Sally C. Pettit, dated October 1, 1992 and recorded in said Clerk’s Office in Deed Book 953, at page 233; thence running with five outer lines of said 7.40 acre tract, N. 82 51′ W., 170.00 feet to an iron pipe being the beginning corner of said 7.40 acre tract; thence S. 22 21′ 40″ E., 414.66 feet to a fence corner at a common corner to Garry Chapman; thence with the southerly line of said 7.40 acre tract, N. 53 55′ W., 1152.50 feet to a point in east line of cemetery road; thence with east line of said cemetery road, N. 18 33′ E., 147.60 feet to a point; thence with westerly line of said 7.40 acre tract, N. 71 45′ 00″ E., 423.40 feet to a 5/8 inch rebar at common corner to said 7.40 acre and said 93.39 acre tracts; thence running with outer boundary lines of said 93.39 acre tract, N. 83 35′ E., 424.50 feet to an iron pipe at base of fence post; thence N. 55 33′ W., 1592.40 feet to an iron pipe at base of fence corner post near creek: thence, N. 64 57′ E., 904.80 feet to a “T”-Rail on ridge at common corner to Donal Chapman property; thence along common lines to Chapman, S. 03 06′ E., 162.10 feet to a point; thence S. 83 09′ E., 307.90 feet to a point; thence S. 69 08′ E., 323.20 feet to a point; thence S. 61 11′ E., 137.70 feet to a point; thence S. 72 38′ E., 160.70 feet to an iron pipe at base of locust tree; thence S. 42 36′ E., 330.70 feet to an iron pipe at base of a 30 inch oak; thence S. 85 52′ E., 577.50 feet to an iron pipe at base of corner fence post at a common corner to Howard Clay; thence with common lines to Clay property, S. 54 28′ E., 357.80 feet to an iron pipe at base of 6 inch hickory; thence S. 26 53′ E., 209.90 feet to point; thence S. 03 42′ E., 204.20 feet to an iron pipe; thence S. 80 06′ E., 356.60 feet to an iron pipe corner to the 1.50 acre parcel presently owned by Thomas W. Pettit and Sally C. Pettit being described in Deed Book 965, at page 278; thence with two common lines to said 1.50 acre parcel, S. 53 43′ E., 285.00 feet to an iron pipe; thence N. 77 52′ E., 132.00 feet to the point of beginning, containing 100.79 acres, more or less. There is EXCEPTED and RESERVED from the aforesaid 100.79 acres a 3.49-acre parcel of land situate wholly in Barboursville District, Cabell County, West Virginia, together with a 40- foot right-of-way for ingress and egress running from the easterly line of the 97.3-acre tract and also being the westerly line of Cyrus Creek Road (Cabell County Route No. 30), such 3.49-acre tract being more particularly bounded and described as follows: ALL THAT CERTAIN LOT OR PARCEL SITUATED IN DISTRICT OF BARBOURSVILLE, COUNTY OF CABELL, STATE OF WEST VIRGINIA AND BEING PART OF PAUL S. DUCKWORTH PARENT TRACT (DEED BOOK 1043 PAGE 530) ACRES, MORE OR LESS WHICH IS LOCATED WEST OF CYRUS CREEK ROAD ON A PRIVATE 40′ RIGHT OF WAY KNOWN AS MOUNTAINEER DRIVE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2″ REBAR (FOUND) AT A COMMON CORNER WITH PROPERTY OF WEIB REALTY, LLC (DEED BOOK 1117 PAGE 568); THENCE WITH THE FOLLOWING FOUR (4) LINES WHICH SEVERS THE ABOVE MENTIONED PARENT TRACT: S.52 12’09″W., A DISTANCE OF 261.18 FEET TO A 5/8″ REBAR W/CAP (PLACED); THENCE CONTINUING; S.87 30’00″W., A DISTANCE OF 330.00 FEET TO A PIK NAIL IN DRIVEWAY (PLACED); THENCE CONTINUING; N.03 42’00″W., A DISTANCE OF 390.60 FEET TO A 5/8″ REBAR W/CAP (PLACED); THENCE CONTINUING; S.80 06’00″E., A DISTANCE OF 356.71 FEET TO A 3/4″ IRON PIN (FOUND) AT THE COMMON CORNER WITH WEIB REALTY, LLC (DEED BOOK 1117 PAGE 568); THENCE WITH COMMON DIVISION LINE OF WEIB REALTY, LLC S.53 43’00″E., A DISTANCE OF 260.31 FEET TO THE PLACE OF BEGINNING. CONTAINING 3.49 ACRES Common Address: 168 Mountaineer Way, Barboursville, West Virginia 25504 TERMS OF SALE: 1. The property will be conveyed in an “AS IS, WHERE IS” physical condition by Deed containing no warranty, express or implied; 2. Subject to any and all assessments and taxes against said property, and all prior liens and encumbrances of any nature whatsoever; 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 22 of Chapter 11 of the West Virginia Code; 4. The Beneficiary and/or Servicer/Assignee of the Deed of Trust and Note reserve the right to submit a credit bid for the property at sale; 5. The Successor Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of sale described above or any adjournment thereof; 6. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY; 7. The total purchase price is payable to the Successor Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent. Given under my hand this 5th day of November, 2024. Julian Pecora, Successor Trustee 611 Third Avenue Huntington, West Virginia 25701 Phone: 304-529-6181 LH-198958 11-14,21;2024
