010089911 May 6, 13, 20, 27
NOTICE OF SPECIAL COMMISSIONER’S PUBLIC SALE
IN THE CIRCUIT COURT OF MONONGALIA COUNTY, WEST VIRGINIA
MONONGALIA COUNTY COMMISSION,
a public corporation,
Plaintiff,
vs CIVIL ACTION NO. 15-C-737
ALLEN SEAN SUBSIDIARIES, LLC,
a West Virginia limited liability company,
CENTRAL HAULING, INC.,
A West Virginia corporation,
ALL CRANE RENTAL OF PENNSYLVANIA, LLC,
a Pennsylvania limited liability company,
CITY OF MORGANTOWN, by and through the
Morgantown Utility Board,
SHERIFF OF MONONGALIA COUNTY, and
JACINTHA NWOKO, an individual,
DUNKARD VALLEY DEVELOPMENT LLC,
a West Virginia limited liability company
Defendants.
Pursuant to the Judgment Order of the Circuit Court of Monongalia County, West Virginia, made and entered on April 27, 2016, which order supplemented the Order Granting Motion for Default Judgment against Allen Sean Subsidiaries, LLC, a West Virginia Limited Liability Company, as entered March 25, 2016, in the above styled Civil Action, the undersigned will, on Tuesday, May 31, 2016, at 10:00 o’clock a.m. at the front door of the Courthouse, 243 High Street, in the City of Morgantown, Monongalia County, West Virginia, offer for sale to the highest bidder, all that certain lot or parcel of land situate in Morgan District, Monongalia County, West Virginia, and being more particularly bounded and described as follows:
That certain tract or parcel of real estate situate, lying and being in Morgan District, Monongalia County, West Virginia, as being designated Map 8D, Parcel 15 which is described as Lot 50 x 100 feet Susan B. Meeks and Map 8D Parcel 14 which is described as Lot 10 ABT 1 AC mined out WUW Addition. Map 8D Parcel 15 was conveyed to Allen Sean Subsidiaries, LLC by deed from Shea Lee Ashworth, by deed dated the 26th day of March, 2008, and of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 1362, at Page 833. Map 8D Parcel 14 was conveyed to Allen Sean Subsidiaries, LLC, from Branch Banking and Trust Company, its successors and assigns, by merger, formerly One Valley Bank of Morgantown, and hereinafter referred to as Branch Banking and Trust Company, as Executor of The Estate of Dorothy J. Davis, by deed dated the 26th day of March, 2008, and of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 1362, at Page 845. In addition to the forgoing deeds, the subject property is further comprised by property that was conveyed to Allen Sean Subsidiaries, LLC by the following deeds: Allen Sean Subsidiaries, LLC by deed from Henry Coleman Davis, III, dated the 26th day of March, 2008, and of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 1362, at Page 837; Allen Sean Subsidiaries, LLC by deed from Davis Edward Davis, dated the 26th day of March, 2008, and of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book 1362, at Page 841.
This conveyance is further made subject to all restrictions, exceptions, reservations and covenants contained in prior deeds of record in the chain of title.
The real estate which is the subject matter of the hereinabove-styled action is described and listed for taxation purposes upon the Land Books of Morgan Tax District, Monongalia County, West Virginia, for the year 2015, as follows:
Allen Sean Subsidiaries, LLC Allen Sean Subsidiaries, LLC
Map 8D, Parcel 0014 Map 8D, Parcel 0015
LOT ABOUT 1. AC LOT 50 X 100′
MINED OUT WUW ADD SUSAN B MEEKS
Valuation – $371,650.00 Valuation – $27,120.00
Class – 3 Class – 3
Taxes Per Half – $3,757.38 Taxes Per Half – $274.19
This sale is being made pursuant to:
1. That certain Judgment Order entered on April 27, 2016, which order supplemented the Order Granting Motion for Default Judgment against Allen Sean Subsidiaries, LLC, a West Virginia Limited Liability Company, as entered March 25, 2016, in the above styled civil action.
2. That certain Abstract of Judgment as entered and recorded in this matter in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Judgment Book 65, at Page 51.
Such property shall be granted and conveyed by the undersigned Special Commissioner "as is," "where is," with all defects and faults, with no covenants or warranty of title, subject to any and all exceptions, out conveyances, reservations, covenants, restrictions, agreements, municipal zoning ordinances, land use regulations, assessments, charges, conditions, rights-of-way, easements, mineral severances, and limitations of use as have been imposed upon such property by Allen Sean Subsidiaries, LLC, his heirs and/or assigns, and their predecessors in title, subject to any and all matters which a visual inspection and accurate survey of such property might reveal, and subject to the rights of parties in possession. Purchaser shall be responsible for the filing in the Magistrate Court of Monongalia County, West Virginia, of any action(s) for an unlawful possession and detainer vacating any and all inhabitants that may be residing in the above described set forth real estate. The Special Commissioner shall be under not duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the Special Commissioners sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
Pursuant to and in accordance with the provisions of the above-referenced Final Judgment, the undersigned Special Commissioner may postpone, continue, or adjourn the sale of such property by public announcement at the time and place designated for such sale or at any continuance or adjournment thereof.
The successful purchaser shall be solely responsible to make any and all ordered demolition, removal or clean up for which the same must be done by the purchaser within 30 days after the entry of an order confirming this sale so as to bring the above-described and set forth real estate into compliance with all previous orders as entered by the Monongalia County Abandon and Dilapidated Property Enforcement Agency, at which time the Monongalia County Commission will release the daily civil monetary penalty and/or fine as levied against the subject property as well as the lien for the contractors cost of the demolition of the structures and/or clean up of this property.
Terms of Sale: Cash or check, being pursuant to the terms and conditions of the above-described and set forth Final Judgment, which this Special Commissioner’s Public Sale is being made pursuant to.
The successful purchaser shall pay all excise taxes, recording fees, publication cost and attorney fees connected and associated with the sale or such property, as well as all past due taxes, current taxes and any redemption costs or fees to any tax lien purchaser.
The undersigned Special Commissioner hereby reserves the right to reject any bid or bids which the undersigned Special Commissioner deems inadequate.
Inquiries should be directed to: Phillip M. Magro, Esquire
Assistant Prosecuting Attorney
204 High Street, Suite 206
Morgantown, WV 26505
(304) 292-9884
Dated: May 2, 2016
Phillip M. Magro
Special Commissioner