19006 Jan. 23, 30
IN THE CIRCUIT COURT OF MONONGALIA COUNTY, WEST VIRGINIA
HOPE GAS, INC.,
a West Virginia corporation,
Petitioner,
v. Civil Action No. 24-C-475
Judge Michael D. Simms
96.25 ACRES, MORE OR LESS,
SITUATE IN BATELLE DISTRICT,
MONONGALIA COUNTY, WEST VIRGINIA,
IDENTIFIED AS TAX MAP 18, PARCEL 23,
LORETTA KOCH, THE ESTATE OF PAUL V. LEACH,
SHERIFF OF PRESTON COUNTY, WEST VIRGINIA, IN HIS
CAPACITY AS ANCILLARY ADMINISTRATOR OF THE
ANCILLARY ESTATE OF PAUL V. LEACH, EDITH Y. LEACH,
GABRIELA HAUGE, OPERATION FRIENDS MINISTRY,
THE KELLY SPECIAL NEEDS TRUST, LOUIS OLAVE, IN HER
CAPACITY AS TRUSTEE OF THE KELLY SPECIAL NEEDS TRUST,
GABRIELA LEACH-HAUGE, IN HER CAPACITY AS CO-TRUSTEE OF
THE KELLY SPECIAL NEEDS TRUST, SILVIA OHARA, IN HER CAPACITY
AS SUCCESSOR TRUSTEE OF THE KELLY SPECIAL NEEDS TRUST, and
SHERIFF OF MONONGALIA COUNTY, WEST VIRGINIA,
Respondents.
ORDER OF PUBLICATION
This action seeks acquisition by eminent dominion of real estate interest in and to that certain tract of land owned by Loretta Koch, The Estate of Paul V. Leach, Sheriff of Preston County, West Virginia, in his capacity as ancillary administrator of the ancillary estate of Paul V. Leach, Edith Y. Leach, Gabriela Hauge, Operation Friends Ministry, The Kelly Special Needs Trust, Louis Olave, in her capacity as trustee of the Kelly Special Needs Trust, and Gabriela Leach-Hague, in her capacity as successor in trustee of the Kelly Special Needs Trust (collectively, Respondents), being a tract of land situate in Batelle District, Monongalia County, West Virginia, identified on the land books of Monongalia County, West Virginia as Tax Map 18, Parcel 23, and being property conveyed to Inge Koch, Paul V. Leach and Gary Truce, by Deed dated
March 17, 1978, and of record in the Office of the Clerk of Monongalia County
Commission, West Virginia, in Deed Book 804, at Page 169 (the Subject Property).
An Order Regarding Condemnation and Right of Entry was entered on January 16, 2025, ordering the Petitioner to provide all Respondents with Petitioners fair market value estimates of Respondents properties, as well as information regarding the form, amount and sufficiency of the proposed bonds. The Court also set a bond
sufficiency hearing for March 3, 2025 at 3:00 pm. Petitioner Hope Gas posted its cash bond in the action in the amount of $4,050.00, being its estimate of just
compensation, with the Circuit Clerk of Monongalia County on Monday, January 13, 2025.
It appearing by affidavit filed in this action that Plaintiff Hope Gas, Inc. (Hope Gas) has exercised due diligence to ascertain the residence and whereabouts of Loretta Koch, Edith Y. Leach, and Operation Friends Ministry and has attempted service of process of the said defendants, pursuant to West Virginia Rule of Civil Procedure 4(d)(1)(A), without effect and therefore desires to serve said defendants by
publication pursuant to West Virginia Rule of Civil Procedure 4(e)(1)(E).
Accordingly, it is hereby ORDERED that Loretta Koch, Edith Y. Leach, and Operation Friends Ministry must appear and serve upon Plaintiff Hope Gass counsel, William J. OBrien and Addison M. ORourke of the law firm of Steptoe & Johnson PLLC, whose address is 400 White Oaks Boulevard, Bridgeport, West Virginia 26330, an Answer or other defense to the Complaint filed in this action by February 22, 2025, which is not fewer than thirty days after the date of the first publication of this notice, otherwise judgment by default will be rendered against him or her at any time thereafter.
A copy of the Complaint, Notice of Condemnation and Right of Entry Hearing, Order Regarding Condemnation and Right of Entry, and Notice of Bond can be obtained from the Circuit Clerks office in the Monongalia County Courthouse located at 75 High Street, Suite 12, Morgantown, West Virginia 26505.
Entered by the Clerk of this Court this 22 day of January 2025.
/s/ Donna Hidock
Clerk of Monongalia County