IN THE CIRCUIT COURT OF MORGAN COUNTY, WEST VIRGINIA

RAYMOND E. BOYCE, JR.,

ASSISTANT PROSECUTING ATTORNEY

FOR MORGAN COUNTY, WEST VIRGINIA,

ON BEHALF OF THE MORGAN COUNTY DEPARTMENT,
Petitioner,

v. CASE NO. 

ONE (1) SILVER IN COLOR 20010 HYUNDAI ELANTRA
(VIN: KMHDU4AD5AU021172),
ONE (1) HYUNDAI IGNITION KEY,
ONE (1) BLACK IN COLOR ATT ZTE CELL PHONE
2812),
ONE (1) BLACK IN COLOR SUPREME WEIGH DIGITAL SCALE
(MODEL: SW13),
AND $523.00 IN US. CURRENCY,
Respondent.

ORDER OF DEFAULT JUDGMENT FOLLOWING MAY 31, 2016 HEARING

This matter came before the Court on May 31, 2016, upon the State?s Petition for Forfeiture

in the above-styled action. Whereupon the State moved the Court to enter default judgment against

the Respondent party for the reasons that follow.

1. That the respondent property, being: (1) silver in color 2010 Hyundai Elantra automobile

(VIN: KMHDU4AD5AU021 172); (1) Hyundai ignition key; (1) black in color ATT ZTE cell

phone 327BF3391320/model: 2812); (1) black in color Supreme Weigh digital scale

(model: and ?ve hundred and twenty-three dollars ($523.00) in US. currency, was

in the possession of Christopher Michael Kelly.

 

 

10.

statements pursuant to the West Virginia Contraband Forfeiture Act.

That the Petition for Forfeiture was served upon the last known address for Christopher
Michael Kelly and by publication in the Morgan Messenger.

That Christopher Michael Kelly was provided notice of this forfeiture proceeding and has
failed to ?le with the Circuit Clerk any response to the Petition, and failed to appear at the
hearing set by this Court on May 3 2016.

That no answer to the Petition for Forfeiture has been ?led with this Court by the owner, the
possessors of any lien, or any other person claiming an interest in the Respondent property.
That more than (30) days have elapsed since the date of direct service of process upon the
possessors of Respondent property and publication of notice in the Morgan Messenger for
interested parties.

That Petitioner by its veri?ed Petition has met the burden of proof required by the West
Virginia Contraband Forfeiture Act.

That the Respondent property is subject to forfeiture under the provisions of the West
Virginia Contraband Forfeiture Act, West Virginia Code, Chapter 60A, Article 7, Section
703 in that the Respondent property was property used for or intended to be used to facilitate
a violation of Chapter 60A of the West Virginia Code.

That probable cause to seize the Respondent property existed at the time of its seizure in

Morgan County, West Virginia, and that probable cause exists to believe the possessor of the

  

WHEREFORE it is accordingly ADJUDGED, ORDERD, and DECREED that the
Respondent property, being (1) silver in color 2010 Hyundai Elantra automobile (VIN:
KMHDU4AD5AU021 172); (1) Hyundai ignition key; (1) black in color ATT ZTE cell phone 
327BF3391320/rnode1: 2812); (1) black in color Supreme Weigh digital scale (model: and
?ve hundred and twenty-three dollars ($523 .00) in US. currency, is forfeited unto the State of West
Virginia and that title shall vest in the Morgan County Sheriff?s Department for disposal as
provided by West Virginia Code, Chapter 60A, Article 7, Section 707(a).

It is the further ORDER of this Court that the Morgan County Sheriff? 3 Department tender
unto the Prosecuting Attorney of Morgan County, West Virginia, an amount of money equal to
ten percent of the value of the Respondent property, pursuant to the provisions of West
Virginia Code, Chapter 60A, Article 7, Section 707(b).

The Clerk shall enter the foregoing as of the day and date ?rst herein above-written and shall
provide attested copies to Christopher Michael Kelly, 839 Quaint Acres Lane, Berkeley Springs, WV

25411, and to the Morgan County Sheriff? 5 Department.

ENTERED: This day of 2016.

 

THE HONORABLE CHRISTOPER C. WILKES
23?d JUDICIAL CIRCUIT COURT
Prepared by:

 

Raymond E. Boyce, Jr.
Assistant Prosecuting Attorney
Morgan County, West Virginia